HomeMy WebLinkAbout12/19/1994 Regular
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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) .
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Ci~y Council Regular Session Minutes
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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.
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C~ty Council Regular Session Minutes
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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
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C~ty Council Regular Session Minutes
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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.
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C~ty Council Regular Session Minutes
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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.
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City Council Regular Session Minutes
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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
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December 19, 1994
Page 7
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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~
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C~ty Council Regular Session Minutes
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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
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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.
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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
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C~ty Council Regular Session Minutes
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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
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Ci ty Recorder