HomeMy WebLinkAbout01/03/1994 Regular
.
City of Springfield
4IIt Regular Council Meeting
-~
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, JANUARY 3, 1994
The city of Springfield Council met in Regular Session in the Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, January 3,
1994, at 7:00 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 Tim
Harold, 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 Father John Hondros, Greek Orthodox Mission of
Eugene.
SPRINGFIELD UPBEAT
4IIt
1. City Manager Mike Kelly recognized Paula Guthrie, Information Services, for
10 years of service to the city of Springfield.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT THE
CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Minutes
a. December 6, 1993 - Work Session
b. December 6, 1993 - Regular Session
c. December 13, 1993 - Work Session
2. Other Routine Matters
a. Endorsement of OLCC Liquor License for Las palmas Mexican Restaurant
Located at 1537 Mohawk Blvd.
b. Endorsement of OLCC Liquor License for El Charro Mexican Restaurant
located at 495 Harlow Road.
c. Adoption of the Housing Policy Board Intergovernmental Agreement.
d. Award of a Bid in the Amount of $89,004 to Russ Chevrolet of Tigard,
Oregon, for Six Marked Patrol Vehicles.
.
1 City Council Meeting Minutes
January 3, 1994
Page 2
4IIt
e.
Award of Bid to Guaranty Chevrolet in the Amount of $15,864.89 for the
Purchase of a Utility Vehicle.
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
PUBLIC HEARINGS
None.
BUSINESS FROM THE AUDIENCE
1. W. G. "Willie" Combs, 334 Scotts Glen Drive, spoke in opposition of the
proposed pioneer parkway bicycle path. Mr. Combs stated that he had
addressed Council regarding this matter on November 22, 1993. Mr. Combs
referenced an article published in the Springfield News regarding this
issue. Mr. Combs stated that he felt the cost of the project was expensive
and he thought the money would be better spent on street improvements. Mr.
Combs suggested Council members visit the site and re-evaluate the
appropriateness of the project.
Mayor Morrisette requested that staff review the policy requirements for
use of the funding and if the funds are dedicated for specific uses. Mayor
Morrisette agreed with some comments made by Mr. Combs and stated he would
rather see the money used on street improvements. Mayor Morrisette also
explained that the money was "enhancement money" and most likely dedicated
4IIt to specific uses.
2. Kathv Grand, Broad Base Programs, address not provided, explained that
Broad Base Programs are involved with the Sports Center project. Ms. Grand
took this opportunity to thank supporters for their assistance,
specifically the Mayor's Office, the Springfield City Council, Development
Services, Management Analyst Howard Wade and the Springfield News.
COUNCIL RESPONSE
None.
CORRESPONDENCE AND PETITIONS
1. Correspondence From Jim & Diane Erwin, 651 North 68th Place, Requesting
That Council Consider an Ordinance Prohibiting the Placement of Fliers on
Automobile Windshields.
Councilor Maine requested that the City Attorney's Office review this issue
to determine if the city can regulate this activity. Mayor Morrisette
stated that he would respond to the Erwin's and let them know their
concerns are being reviewed.
City Attorney Tim Harold explained that the city does not currently have an
ordinance prohibiting the placement of fliers on automobile windshields.
4IIt
4IIt
4IIt
4IIt
"City Council Meeting Minutes
January 3, 1994
Page 3
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
2.
Correspondence From Gary Cornelius, Springfield Arts Commission Member, 260
North 22nd Street, Regarding His Reappointment to the Arts Commission.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
3. Correspondence From the Board of Directors, Project Safe Run, 6920
Roosevelt Way NE, Seattle, WA, Regarding Project Safe Run Training and Site
Needs.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
4. City Recorder Eileen Stein entered into the public record a correspondence
from the Motion Picture Association of America, Inc., 1600 Eye Street,
Northwest, Washington, D.C., urging Council to rescind its amendment to the
city Library video check-out policy, which prohibits minors under the age
of 16 from checking out R-rated videos from the Library.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
5. IT WAS MOVED BY COUNCILOR MAINE, TO ADOPT CORRESPONDENCE FROM THE ACLU
OREGON, REGARDING THE COUNCIL'S SCHEDULED DISCUSSION OF THE LIBRARY'S VIDEO
CHECK-OUT POLICY.
Because the item was not addressed to the Mayor and City Council, it was
agreed that the the item would not be accepted and filed.
Note: Council policy is to accept items of correspondence only when they
are addressed to both the Mayor and City Councilor when the item is
'intended' for the Mayor and City Council.
BIDS
None.
ORDINANCES
None.
BUSINESS FROM THE CITY COUNCIL
None.
City Council Meeting Minutes
January 3, 1994
Page 4
4IIt BUSINESS FROM THE CITY MANAGER
1. Initiation of Urban Growth Boundary Amendment - Springfield Sports Center
Site.
Development Services Director Susan Daluddung presented a staff report on
this issue. In order to accommodate the variety and degree of sports
activities proposed for the Sports Center site, the land must be brought
into Springfield's urbanizable area.
Since the City Council initially declared its intent in 1990 to use
property in the north Gateway area for recreational purposes, numerous
proposals have been submitted from a variety of sports organizations
seeking to develop athletic facilities on the Springfield Sports Center
site. The city received a Conditional Use Permit (CUP) from Lane County in
1992 to allow a portion of the site to be used for soccer and baseball
fields. A CUP is necessary because the land is outside the UGB and is
zoned for exclusive farm use.
Subsequent interest in the site has mushroomed, as has the type of
improvements proposed. A recent proposal that received unanimous support
of the Council involves the construction of a 40,000+ square foot field
house accommodating 8 basketball courts and an indoor track. This type of
facility, and the urban services it will require, clearly is not an
agricultural use. The site must be brought into the UGB and annexed to the
city before this development can occur.
4IIt
The current plan amendment process requires all three governing bodies to
initiate a UGB amendment and then participate in the public hearing. All
three governing bodies also must approve the amendment otherwise the
proposal could not move forward. The elected officials of Lane County and
the city of Eugene will consider action to initiate this amendment in late
January or early February, 1994. A public hearing before the joint
Planning Commissions could be scheduled for mid to late March followed by a
Joint Elected Officials hearing in May.
Development Services Director Susan Daluddung explained that the amendment
would allow Broad Base Programs to proceed. She further explained time
requirements expected and Council discussed the upcoming Joint Elected
Officials meeting and the Urban Growth Boundary amendment requirements.
Planning Manager Greg Mott explained how the amendment process would be
processed under the current Metro Plan Amendment policies. Council
discussed time frames and how much lead time Broad Base Programs will need
to begin fundraising and construction.
Councilor Maine recommended tabling the amendment until after the next
Metropolitan Policy Committee meeting where the Metro Planning process
would be discussed.
Ms. Daluddung explained that even though local process would be easier
under the new Metro Plan Amendment process, the Urban Growth Boundary
4IIt
4IIt
4IIt
4IIt
, City Council Meeting Minutes
January 3, 1994
Page 5
amendment would still need to meet state land-use laws. She also explained
that a short delay would not hamper the project.
BY COUNCIL CONSENSUS THIS ITEM WOULD BE POSTPONED AND BROUGHT BACK TO
COUNCIL ON JANUARY 18, 1994.
BUSINESS FROM THE CITY ATTORNEY
1. Status of Springfield City Charter, Section 109.
During the October 25, 1993, City Council meeting, the City Council took
the following action:
"IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO
TAKE NO ACTION TO ENFORCE SECTION 109 OF THE SPRINGFIELD CHARTER UNTIL SUCH
TIME AS THERE IS FINAL RESOLUTION OF THE FOLLOWING LITIGATION: LON MABON
ET. AL. VS. STATE OF OREGON, CASE 93 C12321, IN THE CIRCUIT COURT OF THE
STATE OF OREGON FOR MARION COUNTY."
City Attorney Tim Harold discussed Council action taken ?uring the October
25, 1993 Council meeting and explained that Council took this action due to
House Bill 3500. Mr. Harold recommended that Council amend their motion
not take any action to enforce Section 109 of the Charter, until there is
final resolution of litigation on the following cases: 1) Lon Mabon. et.
al.. Vs. State of Oreqon, Case 93 C12321i 2) Kane Vs. State. et. al., Case
93 C12265i and 3) Deparrie Vs. State. et. al., Case 93 C12326, et. al.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO
AMEND THE MOTION OF OCTOBER 25, 1993, TO SPECIFY ITS CLEAR INTENT WHICH WAS
THAT THE CITY TAKE NO ACTION TO ENFORCE SECTION 109 OF THE SPRINGFIELD
CHARTER UNTIL SUCH TIME AS THERE IS FINAL RESOLUTION OF THE FOLLOWING
LITIGATION: LON MABON ET. AL. VS. STATE OF OREGON, CASE NO. 93 C12321, KANE
VS. STATE ET. AL., CASE NO 93 C12265, AND DEPARRIE VS. STATE ET. AL., CASE
NO. 93 C12326, IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MARION
COUNTY.
THE PURPOSE OF THIS RESOLUTION IS TO MAKE CLEAR THE CITY'S INTENT TO TAKE
NO ACTION TO ENFORCE SECTION 109 UNTIL A COURT HAS RULED ON THE VALIDITY
AND APPLICABILITY OF HB 3500.
THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Council discussed the order of the agenda and the section Business from the
City Council. After discussion, it was agreed that it would be appropriate
to conduct Business from the Council at this time.
2. Councilor Burge referenced item numbers 4 and 5 under Correspondence and
Petitions. The correspondences were from Motion picture Association of
America. Inc., 1600 Eye Street, Northwest, Washington, D.C., and the ACLU,
Oregon. Councilor Burge requested that the City Attorney review the city's
position and review the correspondence received.
4IIt
4IIt
4IIt
. City Council Meeting Minutes
January 3, 1994
Page 6
There was unanimous Council consensus to the request made by Councilor
Burge.
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR WALTERS, TO
DIRECT THE LIBRARIAN TO REMOVE FROM THE LIBRARY ALL ENTERTAINMENT VIDEOS
THAT CAN BE FOUND IN VIDEO STORES.
Councilor Walters requested background information regarding the city's
video tape purchasing policy. Councilor Walters wanted to know the cost of
tapes, how many books could be purchased for the cost of one video, and
when and where the decision was made to purchase videos. Councilor Walters
did not find fault with educational videos being provided.
Councilor Shaver did not feel comfortable removing all entertainment
videos. He explained that there were many books found in the fiction
section. He suggested that fiction material could also be considered
entertainment. He questioned the difference between videos and books. He
supported Councilor Walters' request for information regarding the city's
purchasing policy. He stated that the information requested by. Councilor
Walters could be beneficial information for the Council. He felt that with
the information, Council may be able to evaluate the equality and balance
of the policy to purchase videos versus the purchasing of books. He
supported giving parents control over what their children were allowed to
check-out.
Councilor Beyer felt there were many different opinions of what was
classified as entertainment and what was considered educational. She also
suggested parents limit what their children were allowed to check-out
versus the Library making that decision. She felt it was appropriate for
parents, rather than the Library staff, to place the desired restrictions
upon their children.
Councilor Walters again questioned the city policy on how video selections
were made.
COUNCILOR WALTERS WITHDREW HIS SECOND TO THE MOTION. THE MOTION DIED DUE
TO A LACK OF A 2ND.
Staff will respond to the information requested by Councilor Walters.
RECESS
The meeting recessed at 7:55 p.m. and reconvened at 8:45 p.m.
BUSINESS FROM THE CITY MANAGER (Continued)
2. Purchase of New Fire Station (#5) Site.
City Manager Mike Kelly requested that Council confirm discussion during
the Executive Session regarding the purchase of property between Game Farm
Road and Pheasant Street off Harlow Road. The site is ideal for locating a
new fire station to serve the north Springfield area.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO
4IIt
4IIt
.
~ City Council Meeting Minutes
January 3, 1994
Page 7
AUTHORIZE THE CITY MANAGER TO PURCHASE PART OF TAX LOT 17-03-22-00-002700
FOR LOCATION OF A NEW FIRE STATION (#5), FROM LAWRENCE JAMES MOORE AND
DOROTHY E. MOORE. THE AGREED TERMS OF THE SALE ARE LISTED ON THE AGENDA
ITEM SUMMARY REPORT. THE TOTAL PURCHASE PRICE IS $332,189 ($5,000 EARNEST
MONEY AND $327,189 CASH AT CLOSING). THE MOTION PASSED WITH A VOTE OF 6
FOR AND 0 AGAINST.
Mr. Kelly explained that the purchase price of the property was
approximately $2.05 per square foot.
ADJOURNMENT
THE MEETING ADJOURNED AT 8:49 P.M.
$4}JJ~
Mayor
Minutes Recorder - Julie Wilson
ATTEST:
~
City Recorder
#4736