HomeMy WebLinkAbout11/07/1994 Regular
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City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, NOVEMBER 7, 1994
The city of Springfield Council met in Regular Session in the Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, November 7,
1994, at 7:00 p.m., with Council President Stu Burge presiding.
ATTENDANCE
Present were Councilors Beyer, Shaver, Walters, Burge, Maine and Schanz. Mayor
Morrisette was absent (excused). Also present were City Manager Michael Kelly,
Assistant City Manager/City Recorder Gino Grimaldi, City Attorney Tim Harold,
Administrative Aide Julie Wilson and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Morrisette.
INVOCATION
The invocation was given by Rev. Eldon Walter, Springfield 7th Day Adventist
Church.
SPRINGFIELD UPBEAT
1. City Manager Mike Kelly recognized Jackie Owen, Finance Department, for 10
years of service to the city of Springfield.
2. City Manager Mike Kelly recognized Mike Moskovitz, City Manager's Office,
for 10 years of service to the city of Springfield.
3. City Manager Mike Kelly recognized Police Department K-9 Quanto for his
years of service to the city of Springfield.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT
THE CONSENT CALENDAR WITH ITEMS 4A, 4b, 4C AND 5E REMOVED. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Claims
a. September, 1994 - Disbursements for Approval.
2. Minutes
a.
b.
c.
d.
October 10, 1994 - Work Session
October 17, 1994 - Work Session
October 17, 1994 - Regular Session
October 24, 1994 - Work Session
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e. October 24, 1994 - Continued Regular Meeting of 10/17/94
3. Resolutions
a. RESOLUTION NO. 94-65 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-833:
VINCENT COURT SUBDIVISION.
b. RESOLUTION NO. 94-66 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-849:
SANITARY SEWER LINE FOR LISA MARIE MEADOWS SUBDIVISION, ALONG B STREET
FROM 40TH TO 41ST STREETS.
c. RESOLUTION NO. 94-67 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-888:
CASCADE KNOLL SUBDIVISION.
d. RESOLUTION NO. 94-68 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-892:
PAVING AND STORM SEWER IMPROVEMENTS FOR LISA MARIE MEADOWS
SUBDIVISION, B STREET FROM 40TH TO 41ST STREETS.
e. RESOLUTION NO. 94-69 - A RESOLUTION CONCERNING THE CITY'S WORKERS
COMPENSATION LOSS RESERVE FUND.
f.
RESOLUTION NO. 94-70 - A RESOLUTION APPROVING MASTER EQUIPMENT
LEASE/PURCHASE AGREEMENT, AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE MASTER EOUIPMENT LEASE/PURCHASE AGREEMENT AND
OTHER DOCUMENTS WHICH MAY BE NECESSARY TO IMPLEMENT THE MASTER
EQUIPMENT LEASE/PURCHASE AGREEMENT.
g.
RESOLUTION NO. 94-71 - A RESOLUTION SUPPORTING THE GREAT AMERICAN MAIN
STREET AWARDS COMPETITION.
4. Ordinances
Items a, band c were removed.
d. ORDINANCE NO. 5762 - AN ORDINANCE AMENDING SECTION 5-1-1 "NUISANCES,"
ARTICLE 1 "NUISANCES IN GENERAL" OF CHAPTER V "OFFENSES' OF THE
SPRINGFIELD CODE PERTAINING TO NUISANCES AND DECLARING AN EMERGENCY.
5. Other Routine Matters
a. Approve the September, 1994, Quarterly Updated Financial Reports.
b. Approve Amendment to Agreement No. 10,741 Concerning State Funding for
Improvements on 42nd Street, with the Oregon Department of
Transportation.
c. Award a Contract to the Lane Council of Governments for Planning
Services in the Amount of $30,000, to Assist the Police Planning Task
Force in Developing a Long Range Plan for the Police Department.
d. Award of Contract to Frank Thatcher Associates, Inc., in the Amount of
$41,300, Provide Communication Network Consulting Services for the
Police Department.
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Item e was removed.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. Ordinances
a. ORDINANCE NO. 5759 - AN ORDINANCE AMENDING THE PLAN AMENDMENTS AND
REFINEMENTS SECTION OF CHAPTER IV OF THE EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN (METRO PLAN) TO STREAMLINE AND CLARIFY
THE PLAN AMENDMENT PROCESS AND ADOPTING A SEVERABILITY CLAUSE (SECOND
READING) .
b. ORDINANCE NO. 5760 - AN ORDINANCE AMENDING ARTICLE 7 "METRO PLAN
AMENDMENTS" OF THE SPRINGFIELD DEVELOPMENT CODE (SECOND READING) .
Planning Manager Greg Mott provided Council with revisions to the plan
text amendment, Ordinance No. 5759. The changes were:
1. Page 3, Policy 5.c. (1), add "or" at the end of this subsection.
2. Page 3, Policy 5.c. (3), replace "and" with "or" between "LMI" and
"HI" and between "HDR" and "CC."
3 .
Page 3, Policy 6, replace the first sentence, "Metropolitan Plan
amendments that require a final decision from one or two
jurisdictions shall be concluded within 120 days of the
initiation date." With, "Public hearings by the governing bodies
for Metropolitan Plan amendments requiring participation from one
or two jurisdictions shall be held within 120 days of the
initiation date."
4. Page 3, Policy 6, add the following sentence at the end of this
policy, "The time frames prescribed in connection with the Type
II Metropolitan Plan amendment process can be waived if the
applicant agrees to the waiver."
The basis for these changes are:
1. "or" was inadvertently omitted from 5. c. (1) .
2. If "and" is not replaced with "or" in 5.c. (e), a plan amendment
would need to simultaneously add to or reduce each of these plan
designations to be considered to have regional impact. The
intent of this criteria is to ascertain a gain or loss to any of
these designations.
3.
Each jurisdiction has its own charter or code provisions for
review and decision on ordinances, irrespective of the type of
ordinance (land use, financial, election, etc.). The amendment
process timelines specified in the proposal, when overlaid on
existing charter or code provisions for ordinance adoption, makes
it difficult to guarantee the amendment will be concluded within
120 days. Conducting the hearing within 120 days can be
accommodated (Plan amendments are not subject to the 120 day
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timeline required in the ORS for land use decisions. This was
regarded as a reasonable goal by the MPC subcommittee that
prepared this proposal.)
4. The time waiver provision should always be available to the
applicant in the event of unforeseen delay.
5. The language of the Plan, particularly when it is this specific,
supercedes the provisions of the Development Code. The proposed
Code language that is being adopted concurrently with the Plan
text does not include these errors and omissions and does include
a time waiver provision, but this is irrelevant if the Plan text
is not changed.
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO
ADOPT ORDINANCE NO. 5759 AS AMENDED AND ORDINANCE NO. 5760 AS SUBMITTED.
THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
c. ORDINANCE NO. 5761 - AN ORDINANCE AMENDING SECTION 5-15-8 "HEARING" OF
ARTICLE 15 "CIVIL ENFORCEMENT OF CODE INFRACTIONS" OF CHAPTER V
"OFFENSES" OF THE SPRINGFIELD CODE PERTAINING TO CIVIL INFRACTIONS AND
DECLARING AN EMERGENCY.
City Attorney Tim Harold answered questions of Councilor Schanz and
clarified that the shaded language is an addition and the stricken
language will be deleted.
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR MAINE, TO
ADOPT ORDINANCE NO. 5761. THE MOTION PASSED WITH A VOTE OF 6 FOR AND
o AGAINST.
5.
Other Routine Matters
e. Authorize City Manager to Execute a Lease with American Bowling at
Booth-Kelly Center.
City Manager Mike Kelly explained this item was heard during an
executive session this evening.
Property Manager Jim Douglas explained two changes were recommended
for this issue. The first was that the name of the lease be with
American Bowling rather than Quality Bowling and the second revision
was that during the option period of the lease, the option rate would
be at a "then-to-be" negotiated rate rather than the set rate which
was in the lease as presented to Council.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO
AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE WITH AMERICAN BOWLING,
AT BOOTH KELLY CENTER, AS PRESENTED WITH CHANGES NOTED BY MR. DOUGLAS.
THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
PUBLIC HEARINGS
1. Initiate Annexation of Territory to the City (Steelhead Meadows) .
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RESOLUTION NO. 94-72 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY
LOCAL GOVERNMENT BOUNDARY COMMISSION DELAY THE EFFECTIVE DATE TO JANUARY 2,
1998 AND APPROVE AN EXTRATERRITORIAL EXTENSION OF SANITARY SEWER AND WATER
SERVICE.
City Planner Lydia Neill presented the staff report on this issue. The
property owner requested annexation in order to develop property located
north of Jasper Road and east of Ivy Street for single family residential
subdivision. A consent to annex form was signed by the owner. An
extension of sanitary sewer and water will allow development of the
property.
The City Council is authorized by ORS 199.490(2) (b) to initiate annexation
upon receiving consent in writing from a majority of the electors
registered in the territory proposed to be annexed and written consent from
owners of more than half the land in the territory proposed to be annexed
and is contiguous to city limits. The subject property owners signed a
consent to annex. The property is proposed to be improved with 14 lots.
The fully improved value of the property will not be on the Lane County
tax roll for a number of years. Delaying the effective date until January
2, 1998 assures the city of capturing the full improvement value in the tax
base for a majority of the lots in the development.
Ms. Neill answered questions of Council. She clarified that the time
period established for development of the subdivision was 1998.
City Manager Mike Kelly explained that the date selected by Council would
be the date of annexation for all properties.
Development Services Director Susan Daluddung discussed the annexation
proposal and explained the actual annexation goes to the Boundary
Commission for approval by one single action. The effective date is the
date selected by Council. Ms. Daluddung also discussed state statutes
related to annexation.
Councilor Burge opened the public hearing. No one appeared to speak.
Councilor Burge closed the public hearing.
Councilor Shaver was in support of the resolution.
review the option of police protection prior to the
felt the soon-to-be residents should be offered the
protection.
He would like staff to
annexation date. He
option of contract
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO
ADOPT RESOLUTION NO. 94-72. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0
AGAINST.
2.
Initiate Annexation of Territory to the City.
RESOLUTION NO. 94-73 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF SPRINGFIELD AND REOUESTING THAT THE LANE COUNTY
LOCAL GOVERNMENT BOUNDARY COMMISSION DELAY THE EFFECTIVE DATE TO JANUARY 2,
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Page 6
1996 AND APPROVE AN EXTRATERRITORIAL EXTENSION OF SANITARY SEWER.
City Planner Mel Oberst presented the staff report on this issue. The
property owner requested annexation in order to develop property in west
Springfield for a 100-unit apartment complex. A consent to annex was
signed by the owner. An extension of sanitary sewer will allow development
of the property.
The City Council is authorized by ORS 199.490(2) (b) to initiate annexation
upon receiving consent in writing from a majority of the electors
registered in the territory proposed to be annexed and written consent from
owners of more than half the land in the territory proposed to be annexed.
The subject property owners, Horizon Construction Company, signed a consent
to annex. The property is proposed to be improved with 100 apartment
units. The fully improved value of the property will not be on the Lane
County tax roll until October, 1995. Delaying the effective date until
January 2, 1996 assures the city of capturing the full improvement value in
the tax base for the complex.
Mr. Oberst clarified the area to be annexed.
Councilor Burge opened the public hearing. No one appeared to speak.
Councilor Burge closed the public hearing.
Councilor Walters reminded Council of their goals, and housing was an
important priority. He discussed the top, high and moderate priority goals
and suggested a moratorium regarding the building of apartment
unit-complexes being built. Councilor Shaver stated periodic review may
address these issues and would make an adjustment if needed for different
density zoning.
Councilor Burge felt people should have a choice to select rentals of
better quality. He stated there were many single family units. He felt
the Council was meeting their goals. He also stated a portion of the
population can not afford to purchase a home.
Councilor Walters stated he did not want Springfield to become a rental
town and Eugene a homeowner town. He was concerned that renters may not be
stakeholders in the community and may not have the same interest a
homeowner may have.
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO
ADOPT RESOLUTION NO. 94-73. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0
AGAINST.
3. Amendments to Articles 26 HD Hillside Development Overlay District of the
Springfield Development Code - City of Springfield, Applicant (Jo. No.
94-09-186) .
ORDINANCE NO. 5763 - AN ORDINANCE REVISING THE SPRINGFIELD DEVELOPMENT CODE
BY AMENDING ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT AND
DECLARING AN EMERGENCY.
City Planner Mel Oberst presented the staff report on this issue. The
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Page 7
amendments contained in the subject ordinance would: 1) establish a minimum
lot size for new lots created above 670 feet of elevation; 2) require
dwellings subject to this ordinance to have fire resistant roofing
materials; and 3) require fuel safe zones around dwellings subject to this
ordinance. A report depicting building envelopes and driveway approaches
also would be required for purposes of fire access and vegetation removal.
Small wooded hillside lots created by the land division process establish a
situation where most of the trees on the site must be removed in order to
build even a moderately sized house. A larger minimum lot size would allow
more of the lot to remain intact and thereby provide greater protection to
private and public investment. Larger lots in the hillside areas would
result in less excavation and impervious surface area. Forested hillside
areas are wildfire prone and precautionary measures should be implemented.
The Planning Commission recommended approval of the proposed amendments at
their October 19, 1994 meeting and requested that Council adopt these
changes at their earliest opportunity.
Councilor Shaver suggested that the drawings should illustrate the slope
percentage.
Councilor Burge opened the public hearing.
1.
Mrs. Hiqqins, 5660 Daisy, #8, expressed concerns regarding the future
of Springfield. She explained that trees are very important and they
need to be kept.
2.
Lori Adams, 460 South 4th Street, representing Mountain Gate
Development Company, discussed the fire protection requirements. She
suggested Council considered placing them in a separate ordinance for
hillside development. The ordinance was supported as proposed.
Councilor Burge closed the public hearing.
Councilor Maine discussed the fire protection issue and stated the
neighbors were also concerned about the fire protection and supported this.
Councilor Burge discussed the criteria to be developed by April. Council
would have an opportunity to review it before that time.
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO
ADOPT ORDINANCE NO. 5763 AND DECLARING AN EMERGENCY. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
4. Article 37 Master Plans.
ORDINANCE NO. 5764 - AN ORDINANCE ADDING ARTICLE 37 MASTER PLANS TO THE
SPRINGFIELD DEVELOPMENT CODE SETTING FORTH PROVISIONS, STANDARDS AND
PROCESS TO ALLOW PHASED DEVELOPMENT OF PUBLIC, COMMERCIAL, INDUSTRIAL OR
RESIDENTIAL LAND FIVE ACRES OR LARGER (FIRST READING) .
City Planner Mel Oberst presented the staff report on this issue. The
purpose of Article 37 Master Plans is to allow the city to enter into
long-term agreements (up to seven years) with property owners for the
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Page 8
phased development of land five acres or larger. The city's Planning
Commission or Hearings Official must approve Master Plan proposals.
The phased development of large parcels over a number of years is not
permitted by the SDC. Tentative subdivision approval, for example, lasts
only two years within which time the applicant must plat all phases and
construct all public improvements or begin the process again. This is not
always practical. The master plan will give applicants of larger
developments assurance of the city's expectations beyond 2 years and
provide the city with assurances that public improvements will be developed
in a comprehensive manner. The Planning Commission recommended Council
approval of Article 37 Master Plans at their September 21, 1994 meeting. A
companion Code amendment (Article 26 Hillside Overlay District) was
inspired by testimony at this meeting. Although Article 37 is not limited
to residential land or hillsides, the Planning Commission felt Article 26
amendments would improve master plans in hillside areas and therefore
should be adopted concurrently with Article 37. Upon adoption, these
amendments will be scheduled for a hearing before the Lane County Board of
Commissioners so these provisions may be applied in the urban transition
area. The Board hearing would be in late December or early January.
Councilor Burge opened the public hearing.
1. Mrs. Hiqqins, 5660 Daisy, #8, spoke in support of this public hearing
and commended the city staff for their efforts related to this issue.
2.
Ms. Neman, 3019 South M Street, provided a correspondence from Barbara
Johnson, 1050 South 28th Street, expressing concern regarding future
development. The letter also addressed concerns regarding development
plans submitted by Mr. Paul Dixon.
3. Dena Neman, 3019 South M Street, spoke regarding the future
development plan and stated that the planning process could be used to
prevent problems and to give people assurance that developments will
be done the way people want them to be done. She also stated things
could be vague and left wide open and presented in such a manner that
people would not understand the full implications. She discussed the
difference between goals and the implementation of goals.
4. Lori Adams, 460 S. 4th, representing Mountain Gate Development
Company, indicated their approval of this ordinance. She also
explained Mountain Gate is in the process of developing a 360 acre
development and Mountain Gate Development was asking for the
associated ordinance to be adopted with an emergency clause.
Councilor Burge closed the public hearing.
Council discussed the appropriateness of including an emergency clause.
After discussion, it was agreed an emergency clause would be used.
City Attorney Tim Harold read the ordinance title with the emergency clause
language and revision to the second paragraph, as a result of the
additional language.
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Page 9
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO
ADOPT ORDINANCE NO. 5764 AND DECLARING AN EMERGENCY. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
Councilor Walters requested staff provide a written response to concerns
raised in the correspondence from Ms. Johnson.
BUSINESS FROM THE AUDIENCE
1. Dena Neman, 3019 South M Street, stated she attended a public hearing for
the Willamalane Park and Recreation District and explained everyone except
one person was against the plan because of the acquisition of property.
COUNCIL RESPONSE
CORRESPONDENCE AND PETITIONS
1.
Correspondence from W. L. Newton, PO Box 7701, Eugene, Regarding the City
Council Meeting Minutes of October 3, 1994.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO
ACCEPT CORRESPONDENCE FOR FILING AND REVISE THE LAST SENTENCE OF THE
MINUTES TO READ, "... HE STATED THAT THE ALLEY WAS ACQUIRED BY THE PUBLIC
BY PRESCRIPTION AND THAT COULD NOT BE EXTINGUISHED BY THE CITY BY NOT
PROVIDING A CURB CUT. HE BELIEVED THE FENCE ACROSS THE ALLEY CONSTITUTED
AN ILLEGAL ADVERSE POSSESSION." THE MOTION PASSED WITH A VOTE OF 6 FOR AND
o AGAINST.
BIDS
ORDINANCES
1. Revised Special Events and Parade Ordinances.
ORDINANCE NO. 7 - AN ORDINANCE AMENDING ARTICLE 8 "SPECIAL EVENTS" OF
CHAPTER VIII BUSINESS LICENSES, AND SECTIONS 8-8-1, 8-8-2, 8-8-3, 8-8-4,
8-8-5, 8-8-6, 8-8-7, 8-8-8, 8-8-9, 8-8-10, 8-8-11 AND 8-8-12 OF THE
SPRINGFIELD CODE PERTAINING TO SPECIAL EVENTS (FIRST READING) .
ORDINANCE NO. 8 - AN ORDINANCE AMENDING ARTICLE 2 "PARADES" OF CHAPTER VI
"TRAFFIC" SECTIONS 6-2-1, 6-2-2, 6-2-3, 6-2-4, 6-2-5, 6-2-6, 6-2-7, 6-2-8,
6-2-9, 6-2-10 AND 6-2-11 OF THE SPRINGFIELD CODE PERTAINING TO PARADES
(FIRST READING) .
Communications Manager Mike Moskovitz presented the staff report on this
issue. At the City Council's work session on October 24, 1994, the council
discussed the revisions of the two ordinances and reached consensus to
adopt them in order to recover direct expenses associated with various
community events such as festivals, parades, concerts, road runs and other
special events that require city assistance.
Under current practice, the city provides materials and services and staff
assistance to special events organizers at little or no cost. Currently
there are no fees charged for special events or parade licenses.
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It is the goal of the ordinance revision to create a process fair to all
groups affected and to demonstrate a partnership with the community by
contributing personnel services time during regular working hours.
By implementing the recommended changes, it is estimated the city will
recover approximately $5,525 on an annual basis.
BUSINESS FROM THE CITY COUNCIL
1. Other Business.
a. Councilor Maine explained that the Museum fundraising campaign was
half way toward its goal for the challenge grant and things were going
well.
b. Councilor Maine explained the Police Planning Task Force held two
meetings. The Police Planning Task Force is now moving forward with
establishing their mission statement. She was glad Council/staff were
being proactive and she was proud to be the Council liaison for the
Task Force.
c.
Councilor Walters questioned why the Charter amendment was not
included on the ballot. City Manager Mike Kelly clarified that the
Lane County Elections Department failed to include the amendment in
the ballot. Mr. Kelly provided further information regarding this
issue. Councilor Walters felt errors of this nature were not
acceptable.
Councilor Burge felt Council should go on record stating errors of
this nature are intolerable management and the Elections Department
should make immediate changes and cannot afford to have these mistakes
occur.
Councilor Shaver suggested the letter explain that Council understands
staffing and budget problems, that these problems need to be addressed
and ask what the County can do to correct the problems.
Councilor Schanz agreed that a letter of concern needed to be sent.
Councilor Walters suggested the letter be sent in the form of a formal
protest.
Councilor Maine did not feel the Elections Department errors were
intentional. Councilor Burge agreed with Councilor Maine.
Councilor Shaver recommended a letter of concern be sent to the Lane
County Board of Commissioners asking them to review the Elections
Division and that they try to prohibit or decrease the number of
election problems that occur. The City Manager will draft the letter
for signature by the Mayor or Council President.
BUSINESS FROM THE CITY MANAGER
1. Appeal of System Development Charge (SDC) Decision by Mike Straub.
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City Engineer Al Peroutka presented the staff report on this issue. Mr.
Straub's appeal of an SDC charge for the construction of a single family
residence has been denied by the City Manager. The appellant now has the
right to a hearing of the appeal by the City Council. The Council must
vote by a two-thirds majority to allow additional testimony to be presented
at the hearing.
Under the rules of our SDC program, a development is given credit for
previous development on the same site if the previous development is
removed. In other words, the development is only charged for the
incremental impact of the new development if it is greater than the impact
of the previous development. By ordinance, the credit for the previous
development only applies if the new development takes place within two
years of removal of the old development.
Mr. Straub has requested that he be given credit for a previous development
which was removed from the site almost 5 years ago. The City Manager has
reviewed the request and found it contrary to the SDC ordinance adopted by
Council in 1991 which provides for a two year credit period. Mr. Straub
feels this is inequitable and would like to be granted the credit and asks
that Council modify the SDC ordinance to allow a credit for a five year
period.
Mr. Straub has the right to appeal the City Manager's decision to the
Council. A hearing date for the appeal must be set and the City Manager
must prepare a written report on the matter to be available 10 working days
before the hearing. Additional testimony will be allowed to be presented
to the Council at the hearing only if two-thirds of the Council approve
such testimony.
Councilor Burge did not see a reason for a hearing since it was Mr.
Straub's oversight.
Mr. Peroutka will review this issue with the City Attorney.
Tim Harold stated if Mr. Straub is entitled to a hearing, it must be held.
Mr. Harold will further research this issue. He stated that Mr. Straub has
the right to an appeal but the questions is if he has the right to a
hearing.
City Manager Mike Kelly explained this was his first review of an appeal
and the process was new to him. He explained he would need to further
review the ordinance.
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO SET
A HEARING DATE OF DECEMBER 5, 1994, SUBJECT TO THE FACT THAT THE CITY CODE
REQUIRES A HEARING FOR THE SDC APPEAL OF MR. STRAUB AND NOT ALLOW
ADDITIONAL TESTIMONY TO BE PRESENTED AT THE HEARING. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
2.
Request for Funding for the Centennial Car Camp.
Assistant City Manager Gino Grimaldi presented the staff report on this
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November 7, 1994
Page 12
issue. The Shelter Work Group is asking that the city of Springfield
contribute $5,000 to the Centennial Car Camp. The total cost of the
Centennial Car Camp is projected to be approximately $89,000. The city of
Springfield contributed $5,000 to 1993-94 Centennial Car Camp.
Representatives of the Shelter Work Group and Lane Shelter Care were
available to answer questions from Council.
Councilor Burge felt the car camp was attracting people rather than
fulfilling the needs of Springfield citizens.
Councilor Shaver stated the Shelter Group has been trying to find a
permanent solution to address homeless problems.
Councilor Schanz discussed the inappropriateness of the government taking
on the role of providing charity. He felt charity should be provided by
the private sector, not the public sector.
Councilor Maine commented that she would like to see funding used in the
area of prevention (i.e., utility services, housing and child care). She
also expressed the importance of day care programs.
Councilor Beyer discussed the difficulty of getting into a home because of
cost and the problem related to rental availability. She did not like
homeless camps but felt there was need to support it.
Councilor Walters felt Wistec has been hurt by the homeless car camp. He
thought the car camp was a poor solution and was opposed to supporting it.
He expressed the need for nonprofit groups to become involved in providing
assistance.
City Manager Mike Kelly and Chief of Police Bill DeForrest answered
questions of Council.
IT WAS MOVED BY COUNCILOR BEYER, WITH A SECOND BY COUNCILOR SHAVER, TO
ALLOCATE $5,000 FROM THE OPPORTUNITY FUND TO SUPPORT THE CENTENNIAL CAR
CAMP. THE MOTION FAILED WITH A VOTE OF 2 FOR AND 4 AGAINST (MAINE, BURGE,
SCHANZ AND WALTERS) .
3.
City Manager Mike Kelly explained that last week he received notification
from the State regarding the arbitration settlement with the police union.
The information will be summarized for Council next week.
4.
Employee Relations/Contractual Issues Associated With the Passage of Ballot
Measure 8.
City Manager Mike Kelly presented the staff report on this issue. The
question was should the city enter into an agreement with non-union
employees consistent with the provisions of existing collective bargaining
agreements which provide the continued pick-up of those employee's
retirement plan contribution through the effective date of those
agreements. The city has a past practice of picking-up the employee
contribution to the retirement plan. Some of the city's employees are
covered by collectively bargained agreements that continue the pick-up
.
.
.
. City Council Regular Session Minutes
-November 7, 1994
Page 13
through the duration of those agreements. Of the three existing labor
agreements two expire on June 30, 1997 and one expires on June 30, 1996.
An agreement that is being addressed through binding interest arbitration
is expected to have an expiration date of June 30, 1996.
Council discussed dates associated with agreements and if the Council was
going against the wish of voters. Human Resources Director Frank Hotchkiss
responded to questions from Council regarding contract expiration dates.
Council also discussed city liability and associated court and attorney
fees. City Attorney Tim Harold clarified liability issues with Council and
discussed the hold harmless clause in the contract. He also discussed
potential risk and the indemnity to protect the Council.
Because of personal liability issues, Councilor Burge would abstain from
voting. Councilor Walters requested that Councilor Burge vote.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY'S
ELIGIBLE NON-UNION EMPLOYEES TO EXTEND THE PICK-UP OF THE EMPLOYEE
CONTRIBUTION TO THE RETIREMENT PLAN THROUGH JUNE 30, 1996. THE MOTION
PASSED WITH A VOTE OF 4 FOR, 1 AGAINST (WALTERS) AND 1 ABSTENTION (BURGE)
4. Other Business.
None.
BUSINESS FROM THE CITY ATTORNEY
CONTINUE MEETING TO NOVEMBER 14, 1994.
At 9:55 p.m., the meeting was continued to November 14, 1994.
NOTE: On November 14, 1994, the continued meeting was not held and therefore
adjourned.
Minutes Recorder - Julie Wilson
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City Recorde
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