HomeMy WebLinkAbout02/15/1993 Regular
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City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, FEBRUARY 15, 1993
The City of Springfield Council met in Regular Session in the Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, February 15,
1993, at 7:36 p.m., with Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Adams, Berg, Walters, Burge, and
Schanz. Councilor Maine was absent. 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.
BUSINESS FROM THE AUDIENCE
1. Funding Request Concerning Training Video for Interfaith Emergency Shelter
Program.
David Heine requested Council funding of $1200 to match already available
funds provided by the city of Eugene and St. Vincent De Paul Executive
Board. The funds would be used to assist with production and editing costs
of a 1/2 hour informational video program about the Interfaith Emergency
Shelter Program. Mr. Heine answered questions of Council related to the
funding request. Councilor Burge suggested Council review the script
and/or story board first.
2. Jerry L. Whitecotton, 1281 Sequoia Street, representing local business
owners, spoke in support of social gambling. He stated Council should not
project their personal morality onto the community. He felt Council action
should not be taken until Councilor Maine was present. He explained he had
spoken with all Council members except Councilor Walters regarding this
issue.
3. Richard E. Jones, 655 Smith Street, Harrisburg, representing a group of
citizens in the audience, spoke in support of social gambling. He
stated Springfield activities should reflect desires of the community. He
felt activities at Sprenger's Tavern exemplified successful social conduct
and gambling. He stated Sprenger's Tavern was a responsible business
establishment.
4. Melody Carlson, 2475 N Street, discussed the Planning Commission interview
process and introductory comments ma,de by Planning Commissioner Siegle
prior to the interviews. She claimed her name was removed from the
City Council Regular Session Minutes
February 15, 1993
Page 2
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list as a potential candidate due to her views and was opposed to this.
She was also opposed to George Wojcik not being considered as a potential
candidate.
governmen t .
meeting.
She requested that Council be a representative form of
Council would respond to her comments later during the
5. John English, 1620 I Street, spoke regarding social gambling. He did not
think Council should control social gambling "half-way" and was opposed to
the problems which accompanied social gambling. He stated the community's
best interest needed to be kept in mind. He supported phasing out
gambling rather than an immediate ban.
6. Debbie Mullen, 2257 Ironwood, Eugene, spoke in support of social gambling.
She was opposed to some comments made by Mr. English. She stated that if
Council addressed morality issues related to social gambling, she felt
Council would also need to address this as a state-wide issue. She felt
that the majority of those involved were willing to work together to
address the problems.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT
THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
1 Minutes
. a. December 9, 1992
b. January 25, 1993
c. February 1, 1993
d. February 8, 1993
2. Other Routine Matters
- Joint Elected Officials Meeting
- Council Tour/Lane Central Justice Court Building
- Work Session
- Work Session / Planning Commission Interviews
a. Variance to the City Noise Code (Section 5-12-8).
b. OLCC Liquor License Endorsement for Gateway Restaurant, 3198 Gateway
Street.
c. Approve the January, 1993 Monthly Financial Reports.
ITEMS REMOVED FROM THE CONSENT CALENDAR
CORRESPONDENCE AND PETITIONS
1. Correspondence from Lane County Commissioner Jerry Rust, 125 East 8th
Street, Eugene, Related to the Joint Elected Officials Meeting of February
4, 1993, and Concerning a Violation of the Public Open Meetings Law and the
Metro Plan.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
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City Council Regular Session Minutes
February 15, 1993
Page 3
2. Correspondence from Dr. Mary Kay Crumbaker-Lomax, 5335 Daisy #32, Regarding
Problems Related to the Public Address System in the Council Chamber Room.
Mayor Morrisette read the letter from Dr. Crumbaker-Lomax. He noted the
new microphones that were installed since the last meeting. This was a
project that was budget for this year.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
3. Correspondence from Patricia McCall, Beverage Manager, Confetti's, 3350
Gateway, in Support of Social Gambling.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
4. Correspondence from Springfield Restaurant and Club Owners, in Support of
Social Gambling.
Mayor Morrisette explained that the correspondence was prepared by Jerry
Whitecotton.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED VITH A VOTE OF 5 FOR
AND 0 AGAINST.
ORDINANCES
1. Withdrawal from Rainbow Water District EC SP 92-01.
ORDINANCE NO. 5670 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED
IN NORTH SPRINGFIELD, EAST OF 1-5, NORTH OF SCOTS GLEN DRIVE ON THE WEST
SIDE OF LAURA STREET (T17S R03W S27 MAP 10 PARCEL 4500); HERETOFORE ANNEXED
TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT (2ND READING).
City Planner Mel Oberst was available to answer questions of Council. The
property owner requested annexation in order to develop the property for
urban use. The subject property was annexed to the city of Springfield on
January 21, 1992. The property is currently within the Rainbow Water
District.
Oregon Revised Statues (ORS 222.520) requires that areas located in the
Rainbow Water District which are annexed to the city of Springfield be
withdrawn from that district to prevent double taxation. This must be done
prior to March 30th of each calendar year. Statutes also require that a
public hearing be held and public notice be given when withdrawing the
property. The public hearing and first reading of the ordinance was held
on February 1, 1993 and this is the second reading.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ADOPT ORDINANCE NO. 5670. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0
AGAINST.
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City Council Regular Session Minutes
February 15, 1993
Page 4
2. Withdrawal from Rainbow Water District EC SP 92-28.
ORDINANCE NO. 5671 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED
IN NORTH CENTRAL SPRINGFIELD, ON THE NORTH SIDE OF FIRTH STREET BETWEEN
20TH AND 23RD STREETS (T17S R03W S25 MAP 12 PARCEL 6000); HERETOFORE
ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT (2ND
READING).
City Planner Mel Oberst was available to answer questions of Council. The
property owner requested annexation in order to develop the property for
urban use. The subject property were annexed to the city of Springfield on
July 6, 1992. The properties are currently within the Rainbow Water
District.
Oregon Revised Statues (ORS 222.520) requires that areas located in the
Rainbow Water District which are annexed to the city of Springfield be
withdrawn from the district to prevent double taxation. This must be done
prior to March 30th of each calendar year. Statutes also require that a
public hearing be held and public notice be given when withdrawing the
property. The public hearing and first reading of the ordinance was held
on February 1, 1993 and this is the second reading.
3.
Withdrawal from Rainbow Water District EC SP 92-37.
ORDINANCE NO. 5672 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED
IN WEST SPRINGFIELD, WEST OF ASPEN STREET AND ON THE NORTH SIDE OF WALNUT
ROAD (T17S R03W S34 MAP 23 PARCEL 700); HERETOFORE 'ANNEXED TO THE CITY OF
SPRINGFIELD FROM THE RAINBOW WATER DISTRICT (2ND READING).
City Planner Mel Oberst was available to answer questions of Council. The
property owner requested annexation in order to develop the property for
urban use. The subject property was annexed to the city of Springfield on
November 4, 1992. The property is currently within the Rainbow Water
District.
Oregon Revised Statues (ORS 222.520) requires that areas located in the
Rainbow Water District which are annexed to the city of Springfield be
withdrawn from that district to prevent double taxation. This must be done
prior to March 30th of each calendar year. Statutes also require that a
public hearing be held and public notice be given when withdrawing the
property. The public hearing and first reading of the ordinance was held
on February 1, 1993 and this is the second reading.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT
ORDINANCE NUMBERS 5671 AND 5672. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
4. Amendment of the Springfield (City) Code Pertaining to Shooting Ranges.
ORDINANCE NO. 5673 - AN ORDINANCE AMENDING SECTIONS 8-6-15, 8-6-16, 8-6-17
AND 8-6-18, ARTICLE 6, CHAPTER VIII OF THE SPRINGFIELD CODE PERTAINING TO
THE OPERATION OF SHOOTING RANGES (2ND READING).
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City Council Regular Session Minutes
February 15, 1993
Page 5
Gary Karp was available to answer questions of Council. Earlier this year,
a developer sought and obtained approval from the Planning Commission for a
zone change to Community Commercial (CC) with the intent to construct a
shooting range. During this process, staff found a conflict between the
Springfield Development Code (SDC) and the City Code concerning shooting
ranges. The SDC permits shooting ranges in the CC zoning district with no
restriction relating to who may operate them. The City Code specifically
limits the operation of shooting galleries to public agencies. The
developer asked the City Council to direct staff to prepare a City Code
revision which would allow private individuals to operate a shooting range.
At the public hearing conducted by the City Council on February 1, one
person spoke, and two letters were written in support of this Code
amendment. There was no oral or written testimony in opposition. An
additional letter in support of this Code amendment is attached as Exhibit
2. There have been no changes made to the text of the ordinance since the
February 1 meeting.
Councilor Burge supported the ordinance, although, expressed concerns about
safety. He requested that language be established that weapons needed to
be checked prior to leaving the shooting range.
Richard Hultz, 5953 Thurston Road, owner of Oregon West Guns and Gold,
responded to questions of Council. He explained that there would be a
station where the weapon would be checked both entering and exiting the
shooting portion of the range.
By Council consensus, the ordinance would be amended to add a subsection
4(d) which would state "ALL RIFLES AND PISTOLS SHALL BE CHECKED BY OPERATOR
PRIOR TO LEAVING PREMISES TO ENSURE THE FIREARM IS UNLOADED."
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO
ADOPT ORDINANCE NO. 5673 AS AMENDED. THE MOTION PASSED WITH A VOTE OF 5
FOR AND 0 AGAINST.
Councilor Berg requested that the City Council revise the order of the
meeting and address Business from the City Manager at this time.
BUSINESS FROM THE CITY MANAGER
1. East Alton Baker Park Transfer.
Assistant City Manager Gino Grimaldi presented a staff report on this
issue. Lane County currently owns East Alton Baker Park and Eastgate Alton
Baker Park and wishes to transfer Eastgate Alton Baker Park to the
Willamalane Park and Recreation District. State law does not allow a
direct transfer of the park to the Willamalane Park and Recreation
District. As a result, the property is being transferred to the city of
Springfield and then transferred to Willamalane Park and Recreation
District.
The draft intergovernmental agreement describes the transfer of Eastgate
Alton Baker Park. Lane County and the city of Eugene continue to work on
issues concerning the former landfill. As a result, a final agreement is
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City Council Regular Session Minutes
February 15, 1993
Page 6
not available at this time. The location of the park is indicated on
Attachment II of the agreement. The agreement provides the city protection
against any claims which may occur as the result of the city's
participation in the transfer of this property. In addition, the agreement
acknowledges that the voters approved Ballot Measure 20-01 which limits the
use of the park to passive recreation activities, and provides for a
citizen planning committee to develop an appropriate plan for the park.
1. Sharon Teague, 1404 1/2 Villard, Eugene, representing the Alton Baker
Park Coalition, spoke regarding the East Alton Baker Park transfer.
Ms. Teague provided a handout to Council. The handout included
the Coalition's recommended language revisions. She explained that
the Coalition did not support the park transfer if the the requested
language revisions were not adopted by Council.
2. Becky Davis, 1144 E Street, spoke in opposition of the transfer and
discussed Ballot Measure 20-01.
3. Dan Stotter, 2408 Harris Street, Eugene, discussed Ballot Measure
20-01. He also explained that March 3rd was the effective date of the
County Charter amendment. He suggested that Council not transfer
ownership of the park until after March 3rd. He did not support
fragmentation of the park.
4.
Junior Robertson, 2421 Onyx, Eugene, spoke in opposition the park
transfer. He felt the park should remain in its natural state. He
also discussed Ballot Measure 20-01. Councilor Berg and Mr. Robertson
discussed paving the parking lot at the east end of the park next to
the Willamette River. Mr. Robertson explained that he was not opposed
to the paving project, although, explained that he was not qualified
to address this issue/question.
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City Attorney Joe Leahy explained that under County terms the park could
not be transferred directly to Willamalane Park and Recreation District.
The transfer must occur through the city of Springfield. He also addressed
the effective date of Ballot Measure 20-01. He answered questions
regarding the March 3rd date.
Councilor Rob Adams provided background information related to the park
transfer. He also discussed the managed open space greenway and stated
that the area would remain natural and open. He explained Willamalane was
ready to accept the property transfer.
Councilor Schanz did not support the transfer.
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City Attorney Joe Leahy provided detailed information regarding the park
transfer. He also explained that Council was being asked to grant
authority for the City Manager to execute the transfer document and execute
an appropriate deed. He noted the deed could not be transferred directly
to Willamalane. He provided information regarding Ballot Measure 20-01 and
the effective date of March 3rd. He also explained that the perspective he
kept in mind during review of the agreement was directed toward the
protection of the City and liability issues.
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City Council Regular Session Minutes
February 15, 1993
Page 7
Council discussed the proposed changes to the agreement by the Coalition.
City Attorney Joe Leahy stated that there were concerns with some of the
proposed amendments.
Councilor Walters said he also supported the park transfer and felt the
transfer was in the best interest of the citizens of Springfield. He had
confidence in the Park Board and felt the Board would abide by the mandate
of Ballot Measure 20-01.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO
INSTRUCT THE CITY MANAGER TO ENTER INTO THE EASTGATE ALTON BAKER PARK
TRANSFER AGREEMENT AS CURRENTLY STATED AND EXECUTE THE DEED EVEN IF EUGENE
IS DELETED FROM THE 190 AGREEMENT.
Willamalane Park and Recreation Superintendent Dan Plaza provided
additional information to Council related to the park transfer. Mr. Plaza
explained that he had talked with the acting County Administrative Officer
and it was agreed upon that "IF FOR SOME REASON EUGENE CHOSE NOT TO MOVE
FORWARD, THE COUNTY WAS UNDER THE ACCURATE IMPRESSION THAT WILLAMALANE IS
IN A POSITION TO ACCEPT THE PROPERTY AND THAT IS WHAT THEY WANT TO DO ON
WEDNESDAY."
Councilor Burge included Mr. Plaza's comments in his motion.
Councilor Berg stated he supported the motion for the following three
reasons: (1) he trusted Willamalane and did not trust Lane County Parks;
(2) he believed Wi~lamalane would abide by Ballot Measure 20-01 in terms of
intent of the voters; and (3) he wanted to protect Springfield interest.
Councilor Adams concurred with Mr. Plaza and urged Council to approve the
transfer.
THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (SCHANZ).
2. Intergovernmental Agreement to Transfer West D Street Properties from Lane
County to Willamalane Park and Recreation District.
Susan Daluddung presented a staff report on this issue. The city is
serving as a conduit for certain properties along West D Street being
purchased with park funds. After receipt from the county of the
properties, the city agrees to convey the properties on to the park
district. No ,public hearing is required.
The West D Street properties are being conveyed to the city first because
the county can dispose of them to the city without compensation. Tax
foreclosed properties in the area of West D Street are being transferred
directly to the park district and are not a part of this agreement. The
transfer of the property is "as is" and the city has no obligation or
liability concerning its condition after the time the transferred documents
to Willamalane are filed. Willamalane will manage the property as public
open space for purpose of an urban greenway and recreation/transportation
corridor.
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City Council Regular Session Minutes
February 15, 1993
Page 8
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO
AUTHORIZE THE CITY MANAGER TO SIGN THE INTERGOVERNMENTAL AGREEMENT AMONG
LANE COUNTY, WILLAMALANE PARK AND RECREATION DISTRICT AND THE CITY OF
SPRINGFIELD TO ACCOMPLISH THE TRANSFER OF PROPERTIES ALONG WEST D STREET TO
WILLAMALANE PARK AND RECREATION DISTRICT. THE MOTION PASSED WITH A VOTE OF
5 FOR AND 0 AGAINST.
3.
Centennial Boulevard Sidewalks from Prescott Lane to 1-5 Freeway / Lane
County CIP Priorities.
Al Peroutka a staff report on this issue. During the Council's 1992 goal
setting session, Council directed staff to plan to fill in the gap of
sidewalks along Centennial Boulevard between the new sidewalk improvements
west of I-5 and Prescott Lane. For the project to move forward, a project
plan identifying the scope of work and funding sources needs to set its
priorities for the city's request for county funding of road projects.
Councilor Burge questioned the cost estimated for 4,600 feet of sidewalk.
He felt the cost were extreme. He supported bike paths and sidewalks. He
did not support over designing of sidewalks. He would not support this and
would request that staff bring this back with a sidewalk just on the south
side of the street or reduce the specifications to lower the cost.
IT WAS MOVED BY COUNCILOR BURGE, TO DISAPPROVE THE CIP PROJECT PERTAINING
TO SIDEWALKS ON CENTENNIAL BLVD. FROM I-5 TO PRESCOTT. THE MOTION DIED DUE
TO A LACK OF A SECOND.
Mayor Morrisette agreed with some comments made by Councilor Burge. He
would like staff to review this and look at the width and not kill this
project before it had a chance to get off the ground.
Councilor Adams questioned if the drainage cost could be separated from the
sidewalk costs.
Public Works Director Dan Brown explained that this issue was brought to
Council due to the tight time-frame associated with the project and
scheduling. He explained the cost for sidewalks was approximately $30 per
foot. Because of previously stated Council policy, staff brought this
project to Council with sidewalks on both side of the street. Council
could modify this direction if desired.
Councilor Berg supported the project as proposed.
Councilor Burge also expressed his safety concerns for the citizens. He
requested staff provide information on specification, quantity and unit
prices.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR ADAMS, TO 1)
DIRECT STAFF TO PURSUE FULL IMPROVEMENT OF CENTENNIAL BOULEVARD FROM
PRESCOTT LANE TO I-5 FREEWAY; 2) ESTABLISH THIS PROJECT AS THE CITY'S FIRST
PRIORITY FOR ADDITION TO THE LANE COUNTY'S CAPITAL IMPROVEMENT PROJECT
LIST. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (BURGE).
Council discussed the February 24th Lane County Roads Advisory Committee
City Council Regular Session Minutes
February 15, 1993
Page 9
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public hearing. Some Council members would be out of town. Council would
further discuss who would present the project at the public hearing.
4.
CDAC's Proposed Local Funding Priorities for the 1993-94 Community
Development Block Grant (CDBG) Program.
Housing Program Specialist Jim Long presented a staff report on this issue.
The Community Development Advisory Committee (CDAC) held a public hearing
on February 2, 1993, to receive comments on Springfield's housing and
community development needs. After the public hearing, the CDAC developed
a recommendation for Council on the local funding priorities for the City's
1993-94 Community Development Block Grant Program.
Councilor Burge recommended that $60,000 be earmarked for downtown
revitalization. He suggested it be earmarked as loan funds rather than
grant funds.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO
SET ASIDE $60,000 TO BE USED FOR FOR DOWNTOWN BUILDING RENOVATION AND/OR
REVITALIZATION LOANS IN THE FUTURE AND ACCEPT THE LOCAL FUNDING PRIORITIES
FOR THE 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AS RECOMMENDED BY
THE CDAC. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
5.
Social Gambling in Springfield.
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Police Chief Rob Deu Pree presented a staff report on this issue.
Ordinance number 5576, adopted in June, 1991, permits social gaming in
private businesses for money or things of value. Since enactment of this
ordinance, a number of complaints have been received regarding social
gambling in the city. At their January 25th meeting, Council determined
that they would provide direction to staff after appropriate citizen input
at their February 15, 1993 meeting.
Council determined there were two options in this matter: (1) rescind
ordinance number 5576; or (2) further regulate social gambling.
If Council decides further regulation is the acceptable option, staff
suggests Council consider a task force comprised of members of Council,
owners of establishments where social gambling is conducted, a
member/members of the general public and staff from the Police Department.
The task force will require at least six weeks in order to prepare and
present a recommendation on this matter.
He did not feel the Police Department should set the standards of the
community and should only enforce as such. He did note that if enforcement
was considered, it would be costly. He felt Council should consider
enforcement cost in deliberation and to consider funding options.
Councilor Burge asked Chief Deu Pree if he felt sufficient information was
available to make a decision at this time. Chief Deu Pree discussed the
moral questions related to social gambling. He also stated that the best
way to obtain information would be by going to establishments where social
gambling was taking place and then review and investigate the activities.
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City Council Regular Session Minutes
February 15, 1993
Page 10
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Mayor Morrisette explained he was comfortable dealing with the question of
if this was what Council wanted, costs, the image given to Springfield,
types of regulations, and was not opposed to eliminating social gambling.
He stated that if Council allowed gambling, the regulation standards would
be high.
Councilor Adams was not opposed to social gambling, although, did not feel
the community would support extensive regulations. He supported the
creation of a task force to review social gambling.
Councilor Berg explained that Councilor Maine was ill and the length of his
absence was unknown at this time. He requested that Public Relations
Director Mike Moskovitz present his professional view regarding the image
associated with social gambling.
Mr. Moskovitz explained that the image people may have associated with
social gambling is that undesirable situations accompany gambling. He
discussed the impact perception has on image.
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Councilor Schanz felt that state gambling was sufficient and local social
gambling should not be allowed. He discussed the difference between the
lottery and social gambling. He did not feel the city had the adequate
funding to enforce social gambling. He also stated that if gambling were
allowed (1) the city of Springfield should be made the house; (2) the
dealers should be employers of the establishment; and (3) the winnings
should go to the city of Springfield.
Councilor Burge discussed potentials of repealing the ordinance. He stated
the city had no regulation over state gambling. He did not consider social
gambling to be a moral issue any more than a tavern in town was. Regarding
the cause and effect, he stated that he was told of other establishments
and industries that attract undesirable activity. He did not feel the city
had authority to tax game winnings. He stated this was a responsibility of
the Internal Revenue Service.
Councilor Burge stated he was prepared to make a motion to establish a
five-member task force consisting of himself as Council representative, a
Police Department representative, two members of the gaming industry, and a
city-at-large member appointed by the Mayor. He stated membership could be
expanded to seven members. He would like the task force to review
concerns, obtain public participation and feed-back, and have the task
force rule on this as an informed body rather than reacting without
sufficient information.
Councilor Berg said he did not want to appoint a task force. He felt the
task force would tell the Council if they should allow social gambling and
the Council members were the policy makers. He felt the city's image was
important. He discussed the cost for enforcing gambling. He also
discussed the Springfield Tomorrow project and he did not feel the survey
reflected support of gambling. He discussed citizen desire to be a family
town. He also discussed the video Council previously reviewed, produced by
CBS's "Eye on America," regarding teen gambling.
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Councilor Burge expressed concern that he did not want to make a decision
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February 15, 1993
Page 11
. without sufficient information.
Councilor Adams agreed with comments made by Councilor Berg regarding the
image of Springfield and would support the motion made by Councilor Berg.
Councilor Walters agreed with Councilor Burge and stated fairness and moral
issues went hand-in-hand. He felt regulation could be a key factor in
decision making and any cost associated with gambling should be borne by
the establishment interested in gambling. He had concern over issues
related to minors and gambling. He supported the creation of a task force.
Councilor Adams changed his mind and stated he needed to hear the task
force's recommendations before he could make a decision.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR SCHANZ, THAT
COUNCIL REGULATE GAMBLING AS IT WAS PRIOR TO 1991, WITH A SUNSET OF SIX
MONTHS (EFFECTIVE 8/14/93). THE MOTION FAILED WITH A VOTE OF 2 FOR AND 3
AGAINST (BURGE, ADAMS AND WALTERS).
Council further discussed this issue in great detail and gave personal
opinions about gambling and the creation of a task force.
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IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO
APPOINT A SEVEN MEMBER TASK FORCE. MEMBERSHIP WOULD CONSIST OF COUNCILORS
ADAMS AND BURGE, A POLICE DEPARTMENT REPRESENTATIVE AS RECOMMENDED BY CHIEF
DEU PREE, TWO MEMBERS OF THE GAMBLING COMMUNITY AS THEY MAY COLLECTIVELY
SUBMIT THOSE NAMES TO THE MAYOR'S OFFICE, AND THAT THE MAYOR APPOINT TWO
CITIZENS AT-LARGE WHO LIVE IN SPRINGFIELD. A MEETING SCHEDULE WOULD BE
SET. THE CHARGE OF THE TASK FORCE WOULD BE TO BRINGING BACK
RECOMMENDATIONS TO COUNCIL DURING AT THE MARCH 22 WORK SESSION FOR
COUNCIL ACTION ON APRIL 5 OR SHORTLY THEREAFTER. THE MOTION WAS ADOPTED BY
A VOTE OF 5 FOR AND 0 AGAINST.
Council recessed at approximately 10:15 and reconvened at 10:31 p.m.
6. 1993 Springfield Filbert Festival
Mike Kelly introduced Jay Zink, President of the 1993 Festival. Mr. Zink
presented recommendations of the Filbert Festival Committee for the 1993
Festival. He reported some major cuts have been made to the festival
budget and that the revenue estimates have been re-evaluated in the area of
admissions and sponsorships. In addition, timelines for assessing revenue
goals have been built into the festival plan. He indicted that the
corporate sponsorship should be evaluated by April 28. The Committee also
recommends hiring of a paid staff person to coordinate the festival.
The Committee recommends Council approval to move forward with planning for
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Councilor Burge questioned if the budget allowed for the payment of
consulting assistance in managing the festival. Mr. Zink responded that
$5,000 was included in the budget for this purpose. Councilor Burge was
not supportive of the previous consultant used to coordinating the
festival.
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City Council Regular Session Minutes
February 15, 1993
Page 12
City Manager Mike Kelly explained that the budget was formulated by city
staff. He explained that the previous festival coordinator, Cynthia
Wooten, provided much support for the event. He explained that the
contract amount was set aside in case Ms. Wooten's services were needed.
If hired, compensation would be on a per-hour basis.
Council discussed revenue shortfalls from last year's festival and ways to
prevent a similar shortfall occurring again.
Councilor Burge discussed the paragraph number 3 of the contract. This
paragraph contained a "rain clause." If appropriate sponsorship and
organization did not occur by May, the festival would be re-evaluated. If
necessary, the festival may be scaled down and/or canceled.
Councilor Walters discussed use of local talent. He felt all music groups
should have an equal opportunity to perform. He also discussed family
entertainment.
IT WAS MOVED BY COUNCILOR ADAMS, WITH A SECOND BY COUNCILOR BURGE, TO
ACCEPT THE PROPOSAL FROM THE SPRINGFIELD FILBERT FESTIVAL AS SUBMITTED.
THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Committee Reports.
a.
Councilor Schanz reported on the Human Rights Commission meeting. He
was pleased to report that the Human Rights Awards were presented to
members of the community. He also reported that the Commission had
four vacant membership positions. Mayor Morrisette discussed the need
for student representation from Thurston High School.
Council discussed membership composition and the need to update the
Council operating policies and procedures to include student
membership. Staff would revise the policies and bring back to Council
for review and adoption.
b. Councilor Schanz requested that Council complete and return the
performance evaluation forms for the City Attorney and Municipal
Judges.
c. Councilor Schanz reported that the Finance Committee would meet to
discuss the City Manager compensation package. The meeting was
tentatively scheduled for February 25 at 4:00 p.m.
d. Mayor Morrisette reported on the Lane Council of Governments elected
officials training session that would be held on February 25.
e. Councilor Walters explained that the Lane Regional Air Pollution
Authority did not have a quorum for their meeting.
2. Committee Appointments.
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City Council Regular Session Minutes
February 15, 1993
Page 13
a.
Planning Commission Appointments.
Councilor Berg responded to comments made by Melody Carlson under
Business from the Audience. Councilor Burge also provided additional
information regarding the process used to select interview questions
for this position.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO
APPOINT RANDY HARVEY TO THE PLANNING COMMISSION TO COMPLETE THE TERM
OF JESSE MAINE, WITH AN EXPIRATION DATE OF 8/4/94. THE MOTION PASSED
WITH A VOTE OF 5 FOR AND 0 AGAINST.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO
APPOINT DON LUTES THE PLANNING COMMISSION TO COMPLETE THE TERM OF STU
BURGE, VITH AN EXPIRATION DATE OF 4/30/95. THE MOTION PASSED WITH A
VOTE OF 5 FOR AND 0 AGAINST.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO
APPOINT JEFF COLE TO THE PLANNING COMMISSION EFFECTIVE 5/1/93, TO
COMPLETE THE VACANCY TO BE CREATED BY JACK GISCHEL AND SERVE A FOUR
YEAR TERM EXPIRING ON 4/30/93. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
3. Other Business.
a.
Councilor Berg requested that staff prepare a letter to Representative
Peter DeFazio in support of changing the name of the post office
located in the gateway area to Springfield. Council further discussed
problems associated with the current name of the post office.
b. Council Berg discussed a letter from Lane County Commissioner Jerry
Rust which requested County Public Works Director Bob Keefer to use
road funds to establish a turn-around access for the now graveled
surface at the east end of Eastgate Alton Baker Park. Council further
discussed this issue.
c. Councilor Berg discussed tree vandalism on Pioneer Parkway East. He
discussed the need to further educate the community both through the
Springfield School District and the newspaper. Council discussed the
fine penalties associated with vandalism. City Attorney Joe Leahy
provided additional information regarding the City Code.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO
AMEND THE CITY CODE, SECTION 5--14-7 TO INCREASE THE REVARD UPON
CONVICTION TO $500.
City Attorney Joe Leahy explained that an ordinance would need to be
prepared for Council review and adoption.
THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
Staff would further pursue the need to educate the community through
the schools.
"-'
. City Council Regular Session Minutes
February 15, 1993
Page 14
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d.
Council discussed the condition of sidewalks and streets in the city
limits. Council also discussed re-striping of streets, street
sweeping schedules and use of blowers.
e. Council held a detailed discussion regarding meeting invocations.
Items covered included the starting time of invocations, the City
Attorney opinion on this subject, and opinions of Council members.
The current practice of rotating individuals to present the invocation
would continue to be followed.
f. Councilor Schanz again raised the issue of social gambling and the
dealer being the "house." City Attorney Joe Leahy explained that if
Council wanted to look at this, he suggested correcting this problem
rather than trying to prosecute someone in a "gray" area.
ADJOURNMENT
THE MEETING ADJOURNED AT 11:45 P.M.
Minutes Recorder - Julie Wilson
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ATTEST:
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