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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