Loading...
HomeMy WebLinkAbout11/07/1994 Regular . . . \ \ 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 . . . 'City Council Regular Session Minutes 'November 7, 1994 Page 2 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. .- . . . 'city Council Regular Session Minutes 'November 7, 1994 Page 3 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 ... . . . 'City Council Regular Session Minutes 'November 7, 1994 Page 4 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) . . . . 'City Council Regular Session Minutes 'November 7, 1994 Page 5 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, . . . :City Council Regular Session Minutes November 7, 1994 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 . . I :City Council Regular Session Minutes November 7, 1994 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 . . . . City Council Regular Session Minutes 'November 7, 1994 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. . . . ~City Council Regular Session Minutes November 7, 1994 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. ~ . . . "City Council Regular Session Minutes 'November 7, 1994 Page 10 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. . . . ~ City Council Regular Session Minutes "November 7, 1994 Page 11 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 . . . ~City Council Regular Session Minutes 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 ~iIJoPl~~ AT7~ City Recorde #5425