HomeMy WebLinkAbout07/06/1993 Regular
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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).
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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
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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. '
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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.
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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.
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As a requirement of the property tax exemption program, the City Manager
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City Council Regular Session Meeting
Minutes of July 6, 1993
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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. '
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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.
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City Council Regular Session Meeting
Minutes of July 6, 1993
Page 6
Minutes Recorder - Julie Wilson
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