Loading...
HomeMy WebLinkAbout07/06/1993 Regular .. . . . .. City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY, JULY 6, 1993 The City of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Tuesday, July 6, 1993, at 7:10 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Burge, Schanz and Maine. Also present were City Manager Michael Kelly, 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. SPRINGFIELD UPBEAT 1. City Manager Mike Kelly recognized Julie Wilson, City Manager's Office, for 10 years of service to the City of Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SCHANZ, TO ADOPT THE CONSENT CALENDAR WITH ITEM I(A) REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Resolutions a. RESOLUTION NO. 93-36 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD COMPETITIVE BIDS AMOUNTING TO MORE THAN $15,000 DURING THE PERIOD OF JULY 7, 1993 TO AUGUST 15, 1993 WHILE THE CITY COUNCIL IS IN RECESS. b. RESOLUTION NO. 93-37 - A RESOLUTION TO ACCEPT PROJECT 1-793: 68TH STREET IMPROVEMENTS, MAIN STREET TO MCKENZIE MEADOWS SUBDIVISION, FROM BAOBAB CONSTRUCTION CO., DBA DELTA CONSTRUCTION CO. IN THE AMOUNT OF $80,201. 32. 3. Ordinances a. ORDINANCE NO. 5703 - AN ORDINANCE AMENDING THE GATEWAY REFINEMENT PLAN DIAGRAM TO REDESIGNATE A PORTION OF TAX LOT 1001, MAP NUMBER 17-03-15, FROM SPECIAL LIGHT INDUSTRIAL TO COMMUNITY COMMERCIAL, ADOPTING A SAVING AND SEVERABILITY CLAUSE (SECOND READING). . . . City Council Regular Session Meeting Minutes of July 6, 1993 Page 2 b. ORDINANCE NO. 5704 - AN ORDINANCE CONCERNING THE DIVISION OF LAND IN THE URBAN TRANSITION AREA, AND ESTABLISHING STANDARDS FOR SAID LAND DIVISIONS BY AMENDING ARTICLE 16 RESIDENTIAL ZONING DISTRICTS, ARTICLE 29 UF-I0 URBANIZABLE FRINGE OVERLAY DISTRICT AND ARTICLE 34 PARTITION STANDARDS OF THE SPRINGFIELD DEVELOPMENT CODE (SECOND READING). 4. Other Routine Matters a. Approve the 1993-94 City Attorney Retainer Agreement. b. Authorize the City Manager and Real Property Manager to Execute an Amendment to the Conditions and Restrictions of Cascade Heights, First Addition. c. Approve Endorsement of OLCC Liquor License for Round Table Pizza, Located at 5547 Main Street. d. Approve Endorsement of OLCC Liquor License for Vin Northwest, Ltd., Located at 28 West Q Street, Unit H. e. Approval to Amend Agreement No. 10,741 Concerning State Money for a Reconstruction Project on 42nd Street, With the Oregon Department of Transportation. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Minutes a. June 21, 1993 - Regular Session Councilor Schanz amended the minutes to reflect Mayor Morrisette being absent and Councilor Schanz presiding at the meeting. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO APPROVE THE 6/21/93 MINUTES AS AMENDED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Mark Gailey, 444 Main Street, owner of a tattoo business on Main Street, discussed the Springfield City Code regarding wildlife and exotic animals. He explained that he was the owner of a python which he kept at his place of business. He also explained that a complaint was lodged against him for having this animal at his place of business. He discussed the fact that a Springfield pet store sold animals which were prohibited within the city limits of Springfield. City Manager Mike Kelly explained that Mr. Gailey had contacted the City Manager's Office regarding this issue. He stated that if Council directed, the City Attorney's Office could review this issue and provide Council with several options. City Recorder Eileen Stein provided additional information regarding the . . . ~ City Council Regular Session Meeting Minutes of July 6, 1993 Page 3 City Code, section 5-4-12(12), which defined exotic animals, although, did not reference reptiles. Ms. Stein also explained that section 5-4-12(21) referenced reptiles under the definition of wildlife. ' She also explained that section 5-4-13 referenced wildlife and exotic animals and this section stated that no person shall own any exotic wildlife within the city limits of Springfield. City Attorney Joe Leahy explained a number of issues were at hand. The first related to definition and interpretation. He explained that if a citation were issued to an individual, the judge would interpret whether the definition related to the situation or not. Another issue would be how the Code read and related to wildlife. Mr. Leahy provided Council with background information regarding the drafting of the referenced Code. He explained that the Police Department had an active role in drafting the Code and provided input regarding provisions recommend for adoption. He explained that the code was revised several times prior to final adoption. Mr. Leahy felt the Police Department needed to be involved in any review/revision relating to the code. Council further discussed this issue in detail. City Manager Mike Kelly explained that staff could work with Mr. Gailey and handle this matter administratively. If Council desired to review this issue in August, staff could hold off on any further enforcement pending review of the situation in August. 2. Brenda Henry, representing Little Ocean, 1920 Franklin Blvd., Eugene, stated she felt pythons were not dangerous animals. She provided additional information regarding the referenced pets. Council discussed City Manager Mike Kelly handling this item administratively versus bringing the issue back to Council for review and possible revision of the code. Councilor Schanz supported having Mr. Kelly handle this issue administratively. Councilor Shaver supported administrative review of the code and review of where reference to reptiles would fit within the code along with possibly tighten up the language. He did not want to revisit the entire issue of review/revision of the code. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO DIRECT THE CITY MANAGER TO REVIEW THE ANIMAL REGULATION CODE, SPECIFICALLY REGARDING REPTILES, AND PROVIDE COUNCIL WITH A RECOMMENDATION FOR LANGUAGE WHICH MORE SPECIFICALLY ADDRESSES THAT CATEGORY OF ANIMALS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (BURGE). BUSINESS FROM THE CITY MANAGER 1. Amend Standards and Guidelines for the New Low-Income Rental Housing Tax Exemption Program. RESOLUTION NO. 93-38 - A RESOLUTION AMENDING THE STANDARDS AND GUIDELINES FOR PROCESSING APPLICATIONS FOR NEW LOW-INCOME RENTAL HOUSING PROPERTY TAX EXEMPTION. ' . City Council Regular Session Meeting Minutes of July 6, 1993 Page 4 Development Services Director Susan Daluddung presented a staff report on this issue. On February 1, 1993, Council adopted an ordinance to implement a property tax exemption program for low-income elderly housing. Council also placed an annual cap of $100,000 in tax exemptions on the program. On June 21, 1993, Council reviewed and approved the first application, granting Springwood, Inc. a maximum of $100,000 in property tax exemption for 429 units of new elderly housing. On the same evening, the Bowen Real Estate Group expressed interest in receiving $15,000 in property tax exemption for 28 units of elderly housing in the Gateway area. Council asked staff to return on July 6, 1993 with the Bowen application and an amendment to city's property tax exemption program, increasing the program's annual cap to $115,000. . Councilor Walters questioned if Council could impose restrictions or qualifications that the $15,000 tax exemption would apply to a certain number of units and that those units be designated for Springfield residents. City Attorney Joe Leahy responded with information and also felt he would need to further review this issue before providing a legal opinion. Ms. Daluddung stated that since this was a state program, free movement within the state must be allowed. She felt residency would be a difficult criteria to include because of both the legal and regulation/policing issues. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO INCREASE THE CAP FROM THE CURRENT $100,000 TO $115,000 REGARDING THE RENTAL HOUSING TAX EXEMPT PROGRAM (RESOLUTION NO. 93-38). THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (SHAVER). 2. Cloverleaf Village Apartments Limited Partnership Application to the City's Property Tax Exemption for New Low-Income Elderly Rental Housing Program. RESOLUTION NO. 93-39 - A RESOLUTION APPROVING THE CLOVERLEAF VILLAGE APARTMENTS LIMITED PARTNERSHIP APPLICATION AND GRANTING A PROPERTY TAX EXEMPTION THROUGH THE CITY OF SPRINGFIELD'S PROPERTY TAX EXEMPTION FOR NEW LOW-INCOME ELDERLY RENTAL HOUSING PROGRAM (SECTIONS 2-14-1 THROUGH 2-14-4 OF THE SPRINGFIELD CODE, 1965). Development Services Director Susan Daluddung provided a staff report on this issue. Cloverleaf Village Apartments Limited Partnership proposes to construct 28 units of low-income elderly housing and has submitted an application to the City's Property Tax Exemption Program. This is the second application received through this property tax exemption program. On June 21, 1993, Council approved an application submitted by Springwood, Inc., granting them $100,000 in property tax exemptions for 429 units of elderly housing. To approve the Cloverleaf project, Council is asked to raise the program's annual cap from $100,000 to $115,000 in tax exemptions. . As a requirement of the property tax exemption program, the City Manager ~ . City Council Regular Session Meeting Minutes of July 6, 1993 Page 5 provides Council with a recommendation for granting the property tax exemption. The developer has a pending lot sale with the city for seven lots at the cost of $117,000 (approximately $17,000 per lot). The approval of this property tax exemption is a condition of the sale. This development proposal will benefit the developer and the city. The property tax exemption reduces the developer's operating costs for twenty years, the city has an opportunity to sell seven lots in the Gateway area, and the community will gain 28 new units of low-income elderly housing that is proposed to be developed by the end of Spring 1994. The projected city portion of the property tax exemption for the Cloverleaf Village Apartments Limited Partnership development is estimated to be a maximum of $15,000 for the first tax year of 1994-95. The approval of this application is conditioned on Council increasing the annual cap of the property tax exemption program from $100,000 to $115,000. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE TO GRANT, BASED ON QUALIFICATION, THE CLOVERLEAF VILLAGE APARTMENT LIMITED PARTNERSHIP PROJECT OF 28 NEW ELDERLY HOUSING UNITS TAX EXEMPTION UP TO $15,000 (ADOPTION OF RESOLUTION NO. 93-39). THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. By Council consensus, it was agreed that this would be the last application taken before the Housing Task Force reviews this and other housing policies. ' . 3. Other Business. a. Mayor Morrisette reported he had a discussion with Officer Bob Baker, Police Department regarding the collection of bad debts. Councilor Burge commented that the city should aggressively collect revenue due through whatever means necessary. He also felt that debts over 30 days should be charged 1.5% interest. He also discussed the time and cost for collecting past due accounts. Acting Finance Director Pat Coleman provided a report on the city'S practice for collecting bad debts. City Manager Mike Kelly provided additional information and also explained that some clientele are unemployed with limited resources. He explained that some of these individuals have worked out payment plans and pay only a small amount per month. Information would be provided in the Communication Packet regarding outstanding debts. City Attorney Joe Leahy felt it was wise to review this issue, although, he reminded Council that there were many state and federal laws related to charging interest rate and collection procedures. b. Councilor Burge reported he would be absent from the July 12, 1993 Council meeting. ADJOURNMENT AT APPROXIMATELY 8:06 P.M. MAYOR MORRISETTE CONTINUED THE MEETING TO JULY 12, 1993. . . . . ," City Council Regular Session Meeting Minutes of July 6, 1993 Page 6 Minutes Recorder - Julie Wilson ;5~~~ ATT~~: , .~Jtu~ City RecordEtr