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HomeMy WebLinkAbout12/19/1994 Regular . . . City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, DECEMBER 19, 1994 The city of Springfield Council met in Regular Session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, December 19, 1994, at 7:10 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Shaver, Walters, Burge, Maine and Schanz. Councilor Beyer was absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Eileen Stein, 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. Zane wilson, Springfield Lutheran Church. SPRINGFIELD UPBEAT None. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR WITH ITEM 2(A) REMOVED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. l. Minutes a. November 7, 1994 - Regular Session b. November 21, 1994 - Regular Meeting c. November 28, 1994 - Work Session d. December 5, 1994 - Work Session e. December 5, 1994 - Regular Session f. December 12, 1994 - Work Session 2. Other Routine Matters a. Removed. b. Endorsement of OLCC Liquor License for Plaza Azul, Located at 1195 Main Street. c. Approve the November 8, 1994 General Election Proclamation and Report of Board of Canvassers for the Springfield Charter Amendment Measure (20-22) . . . . Ci~y Council Regular Session Minutes ~ecember 19, 1994 Page 2 d. Accept the Bid From United States National Bank of Oregon for Providing Banking Services to the City and Authorize Staff to Enter Into a Contract for These Services. e. Adopt 1994 HOME Program Funding Recommendations. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Other Routine Matters a. Approve the Wage and Benefit Package for the City Manager for Fiscal Year 1994-95. Item 2(a) will be discussed under Business from the City Attorney. PUBLIC HEARINGS 1. Liquor License Recommendations and Fee Adjustment. ORDINANCE NO. 5768 - AN ORDINANCE ADDING ARTICLE 23, "LIOUOR LICENSE RECOMMENDATION," CHAPTER VIII, "BUSINESS LICENSES" OF THE SPRINGFIELD CODE PERTAINING TO THE FEE FOR THE PROCESSING OF A RECOMMENDATION REGARDING A LIQUOR LICENSE TO THE OREGON LIQUOR CONTROL COMMISSION AND STANDARDS FOR THE RECOMMENDATION OF DENIAL, AND DECLARING AN EMERGENCY. ORDINANCE NO. 5769 - AN ORDINANCE AMENDING SECTION 5-9-2, ARTICLE IX "LIQUOR," CHAPTER V "OFFENSES" OF THE SPRINGFIELD CODE PERTAINING TO THE SELLING OF SPIRITS, WINES, BEERS, AND OTHER ALCOHOLIC LIQUORS, AND DECLARING AN EMERGENCY. Chief of Police Bill DeForrest presented the staff report on this issue. The question at hand was should criteria be developed to assist Council in their deliberations related to recommending approval or denial of applications for liquor dispensing permits within the city; and shall fees be adjusted to recover more fully the costs for processing such requests? Council reviewed the referenced ordinances at their November 14, 1994, work session meeting. Council directed a section be included that would provide for notice and public hearing prior to each annual renewal period. This has been added. Adjusted fees will result in an estimated $2,175 increase in annual revenues. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. Councilor Shaver was in support of the ordinances. Councilor Walters thanked Councilor Schanz for bringing this issue forward for Council review. Councilor Burge thanked Chief of Police Bill DeForrest for his professional presentation of this issue. . . . C~ty Council Regular Session Minutes ~ecember 19, 1994 Page 3 IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT ORDINANCE NOS. 5768 AND 5769. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Request for Vacation of an Alley Located South of Lots 1 and 2, Block 14 of the Railroad Addition; Larry Thorp for Rosboro Lumber, Applicant; Jo. No. 94-10-198. ORDINANCE NO. 3 - AN ORDINANCE VACATING AN ALLEY LOCATED SOUTH OF LOTS 1 AND 2, BLOCK 14 OF THE RAILROAD ADDITION, FIRST READING. City Planner Lydia Neill presented the staff report on this issue. The applicant is requesting vacation of an alley located south of South A Street and abutting the Rosboro Lumber Company plant site. The applicant is requesting vacation of this alley right-of-way to facilitate future expansion of the plant. Currently, the Rosboro plant covers much of the railroad addition to the Springfield subdivision which was platted in 1913. The Rosboro Lumber Company began a process in 1990 of vacating all unused right-of-way located within the plant site. The alley right-of-way is unimproved and does not serve any public purpose. The Public Works Department and all affected utilities have reviewed the application, and have determined that vacation of this right-of-way will have no negative effect on service provision or other public benefit derived from the right-of-way. The Planning Commission reviewed and approved this request on December 7, 1994. Mayor Morrisette opened the public hearing. 1. Larrv Thorp, 644 North A Street, representing Rosboro Lumber Company, spoke in support of the vacation request. Mayor Morrisette closed the public hearing. 3. Annexation of Territory to the City (Phase 1 of the Sony Facility) . RESOLUTION NO. 94-88 - 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 JULY 1, 2001 AND APPROVE EXTRATERRITORIAL SEWER AND WATER EXTENSIONS. City Planner Greg Hyde presented the staff report on this issue. Phase 1 of the Sony facility has received site plan approval, and construction is in progress, but approvals for annexation and extraterritorial extensions are required. The City Council is authorized by ORS 199.490(2) (b) to initiate annexation upon receiving written consent from a majority of the electors registered in, and from owners of more than half the land in, the territory proposed to be annexed. There are no electors in the subject territory. The property owner has signed a petition for annexation. The delay of the . . . C~ty Council Regular Session Minutes ~ecember 19, 1994 Page 4 effective date is requested in order to ensure that the value of the Phase 1 improvements will be included in the city's tax base. The proposed effective date is timed to coincide with the expiration of Sony's tax exemptions. Since the property will remain outside the city until after the effective date, Lane County Local Government Boundary Commission (LCLGBC) approval of extraterritorial extensions of (connections to) sanitary sewer and water systems is needed. Councilor Maine referenced the agenda item summary report Discussion Section, line 10, the word "after." The word "after" would be deleted and the sentence would read, "Since the property will remain outside the city until the effective date, " Council discussed the proposed effective date. Mr. Kelly explained that between now and the time that the Boundary Commission actually considers this (February), Council could ask that the date be adjusted. Councilor Maine raised the issue of school districts. Mr. Hyde explained that there will be no direct impact, due to the fact that there are no residents on this property, therefore, no children will be added to the school district role. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT RESOLUTION NO. 94-88. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 4. Initiate Annexation of Territory to City (Nicholas Dreng) . RESOLUTION NO. 94-89 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY BOUNDARY COMMISSION DELAY THE EFFECTIVE DATE TO JANUARY 2, 1997 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 south of the terminus of Colonial Drive for a 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. Written consent from owners of more than half the land in the territory proposed to be annexed has been obtained and the property is contiguous to city limits. The property is proposed to be improved with 15 residential lots (Nicholas Dreng Subdivision). The fully improved value of the property will not be on the Lane County Assessment and Tax Role for a number of years. Delaying the effective date until January 2, 1997 assures the city of capturing the full improvement value in the tax base for a majority of the lots in the development. . . . C~ty Council Regular Session Minutes Qecember 19, 1994 Page 5 Ms. Neill answered questions from Council regarding city limits. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 94-89. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Richard Webber, 2540 D Street, spoke in support of allowing a family to live in a motorhome on his property and requested that the Council revise the ordinance prohibiting this. Mr. Webber responded to a question raised by Councilor Schanz and explained why the family purchased a bus rather than renting an apartment and the expense of a bus versus the rental of an apartment. Councilor Walters acknowledged the concerns and difficulties involved in this situation. Councilor Burge discussed the importance of community property values and would not support amending the ordinance. Councilor Walters questioned if there was space outside the city limits (e.g., county area) in which the bus could be accommodated. Mayor Morrisette suggested that Lane County be contacted regarding regulations and options available. Councilor Shaver questioned if Jackie Murdoch could follow-up on this situation in approximately three weeks. Councilor Walters suggested that a 30-day extension be granted to give the family time to resolve the problems. Mr. Webber stated he was not asking that the law be ignored but that the Council consider amending the Springfield Development Code. The Council agreed not to take further action regarding this issue. 2. John Hubbird, 769 Monroe and Ann Williams, 705 Seneca, Eugene, requesting 1994 HOME Program Funding. Council was provided with a written request for funding. Ms. Williams explained that they were requesting $9,000 in Springfield HOME funds. She explained the programs are a home-ownership counseling program that targets families who can not qualify for either of the low-income first-time home buyer programs, hence the name "threshold program. " Housing Program Specialist Kevin Ko supported staff reviewing this request and forwarding the request to the HOME Review Board. . . . City Council Regular Session Minutes Qecember 19, 1994 Page 6 IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SCHANZ, TO AUTHORIZED APPROVAL OF THE REQUEST CONTINGENT ON STAFF AND THE HOME COMMITTEE'S APPROVAL. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Lonny L. McGee, 601 West 11th Street, #32, Eugene, Recommending the City of Springfield Setup a Free or Low Cost Spay and Neuter Clinic. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR BURGE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS 1. Waiver of Competitive Bidding Requirements. Deputy Chief/EMS John Garitz presented the staff report on this issue. Fire and Life Safety staff requests an exemption from the public contracting provisions of the Springfield City Code in order to purchase patient monitoring equipment. As the city's contract review board, the City Council has the authority to grant exemptions from the requirements of Article 14 of the Springfield City Code (Purchasing). Specifically, Section 1-14-7(5) provides that upon Council approval, bids may be waived if substantial savings to the public would result. Fire and Life Safety desires to purchase three non-invasive patient monitoring units for use by ambulance paramedics. This equipment was planned to be included in the Fiscal Year 1995-96 budget request, however, for a limited time, the vendor is offering this equipment at a 60% discount off list price, for a total savings on t the three units of $17,972. There are limited number of units available at this discount. They are being sold on a first-come, first-served basis. The exemption from bidding requirements is being requested to take advantage of this price savings opportunity. Funds to purchase this equipment are being requested as part of an EMS Fund 15 budget transfer request also being presented to Council. The amount of the transfer request is $12,750. Mr. Garitz provided Council with additional information regarding the units, the provider of the equipment, and associated costs. Councilor Maine questioned if staff normally purchased at list price. Mr. Garitz responded that the units were refurbished and have the same warranty as new units. Councilor Maine confirmed with Mr. Garitz that he would, therefore, not expect the units to sell at list and would not actually be saving $18,000. Councilor Maine expressed concern that the staff report City Council Regular Session Minutes December 19, 1994 Page 7 . did not reflect necessary information such as who the vendor was and unit prices. The staff report only provided the amount to be saved and the amount of money being transferred. She expressed concern regarding information not being provided to Council. Councilor Maine also stated that technology goes down in price, not up. Mr. Garitz explained that the vendor of the equipment was Propac. City Manager Mike Kelly apologized for not having the information included in the staff report. Mr. Kelly also explained that additional information was contained in the staff report related to the budget transfer resolution. City Attorney Joe Leahy stated that if information provided by Mr. Garitz indicated there was no favoritism, competition was undiminished and there was a substantial cost savings, Council could waive the competitive bidding requirement. Council would also need to include this information as part of their findings. Councilor Maine again emphasized the importance of Council being provided with sufficient information on issues. Council requested that staff inform them of the going price for a Propac unit in six months. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO APPROVE WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE SPRINGFIELD CITY CODE 1-14-3 PURSUANT TO CODE SECTION 1-14-7(5), AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE PURCHASE OF NON-INVASIVE PATIENT MONITORING EQUIPMENT. COUNCIL FEELS THERE IS NO FAVORITISM, COMPETITION IS UNDIMINISHED,AND A SUBSTANTIAL COST SAVINGS HAS BEEN PROVIDED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. . ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. BUSINESS FROM THE CITY MANAGER 1. OLCC Liquor License Endorsement for Burrito Boy & Swingers Nightclub. Building Official Dave Puent presented the staff report on this issue. Burrito Boy and Swingers Nightclub have requested that the City Council endorse its OLCC Liquor License application. Burrito Boy and Swingers Nightclub, previously El Gran Pavo and Swingers Nightclub, has changed ownership. The license application has been reviewed and approved by the appropriate city departments. Chief of Police Bill DeForrest provided a summary of police activity near the referenced establishments. During the past 12 months the Police Department has responded to approximately 370 calls for service at or near 535 Main Street. He also provided general information regarding the OLCC hearing process~ . . . . C~ty Council Regular Session Minutes pecember 19, 1994 Page 8 Peter O'Rourke, Regional Manager, Oregon Liquor Control Commission, 927 Country Club Road, #200, Eugene, explained that the application proposed deletion of a partner and a trade name change. Mr. O'Rourke stated that OLCC recommends granting the name change and recommends denial of adding a partner. He explained that adding a partner is essentially adding a new entity to the corporation which creates the restaurant-lounge operation. OLCC does not want to support this change. Council requested that a letter be forwarded to OLCC notifying them that the Council did not take any action on the request for a liquor license endorsement. The Council approved the recommendation to request that OLCC establish a food sales percentage requirement as a condition for continued operation. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO FORWARD THE REQUEST TO ENDORSE AN OLCC LIQUOR LICENSE FOR BURRITO BOY AND SWINGERS NIGHTCLUB, LOCATED AT 535 MAIN STREET, ON TO OLCC, WITHOUT A RECOMMENDATION, OTHER THAN INCORPORATING THE CHIEF'S RECOMMENDATION REGARDING THE PERCENTAGE OF FOOD SALES REQUIREMENT AS A CONDITION FOR CONTINUED OPERATION. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Budget Transfer Resolution. RESOLUTION NO. 94-90 - A RESOLUTION TRANSFERRING AND REAPPROPRIATING FUNDS IN THE GENERAL FUND, STREET FUND, SEWER CAPITAL PROJECTS FUND, EMERGENCY MEDICAL SERVICES FUND AND THE DEVELOPMENT PROJECTS FUND. Finance Director Bob Duey presented the staff report on this issue. Several times throughout the fiscal year the Council is requested to make adjustments to the budget to reflect needed changes in planned activities, to recognize new revenues such as grants or to make other required adjustments. Mr. Duey indicated that this request did include a budget transfer to allow the purchase of the Propac units for Fire and Life Safety Department. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 94-90. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. Other Business. None. BUSINESS FROM THE CITY ATTORNEY 1. Ballot Measure 8 Impact on Non-Union Employees. RESOLUTION NO. 94-91 - A RESOLUTION OF THE CITY OF SPRINGFIELD, REGARDING CITY PICK-UP ON NONUNION EMPLOYEE SIX PERCENT CONTRIBUTION REOUIREMENT TO EMPLOYEE RETIREMENT PLANS. City Attorney Joe Leahy presented the staff report on this issue. On November 7, 1994, the City Council authorized the City Manager to enter into an agreement with the city's eligible non-union employees to extend City Council Regular Session Minutes December 19, 1994 Page 9 . the pick-up of the employee contribution to the retirement plan through June 30, 1996. On advice of the city's pension plan attorneys, Everett Moreland and Herschner Hunter, and an opinion issued by the Attorney General, dated November 31, 1994, a unilateral agreement will be entered into rather than a bilateral agreements. This unilateral agreement will be effectuated by adoption of this resolution. This resolution will implement Council direction to continue the pick-up for the city's non-union employees through June 30, 1996, to help establish equity between the non-union employees and union employees. The union employees maintain the pick-up through the duration of their respective collective bargaining agreements. The resolution will also simplify administrative requirements and preserve the city's ability to amend the city's pension plan when necessary. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT RESOLUTION NO. 94-91. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (WALTERS). 2. City Manager's Employment Agreement. . Councilor Walters discussed the employment agreement, page A-3, paragraph 6, Community Involvement. He raised the issue regarding dues and subscriptions and community involvement, specifically, language which prohibits payment if the organization or publication discriminates on the basis of race, religion, color, national origin, age, sex, or sexual preference. He discussed the term "sexual preference" as being a criterion upon which the City Manager may not participate with that group or organization. Human Resources Director Frank Hotchkiss answered questions of Council. The specific language first appeared in the September 30, 1986 employment agreement for Ron LeBlanc, City Manager from October 1, 1986 to January 5, 1989. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SCHANZ, TO STRIKE THE LANGUAGE REFERENCING "SEXUAL PREFERENCE" IN THE CITY MANAGER'S EMPLOYMENT AGREEMENT. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (MAINE) . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR SCHANZ, TO APPROVE THE WAGE AND BENEFIT PACKAGE FOR THE CITY MANAGER FOR FISCAL YEAR 1994-95. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. Councilor Burge referenced a November 30, 1994 Register Guard article regarding the city of Seaside and the adoption of an ordinance providing that anyone arrested for the possession or sale of drugs can be banished from downtown for 90 days. Violators can be charged with criminal trespassing. The intent of the ordinance is to curb drug traffic as well as burglary and theft. City Attorney Joe Leahy would obtain a copy of the ordinance. 4. Councilor Walters appreciated the letter to the editor prepared by Mayor Morrisette regarding truancy problems and problems in the schools. He also discussed the need to address these problems. Councilor Burge attended. a . . .. . C~ty Council Regular Session Minutes pecember 19,1994 Page 10 meeting at Looking Glass to review a plan for a safe-house facility for children between the ages of 12-20. 5. Mayor Morrisette stated he read an article regarding forfeitures. He stated that the United States Circuit Court of Appeals, San Francisco may consider a forfeit as "double jeopardy," that they are in violation of the u.s. Constitution, and that forfeited property may have to be returned. ADJOURNMENT THE MEETING WAS ADJOURNED AT 9:10 P.M. Minutes Recorder - Julie Wilson <3i.(f;7//~ ATTES.T.:. ~.' ~", I '-ft~' Ci ty Recorder