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HomeMy WebLinkAbout03/14/1994 Work Session . . . City of Springfield Work Session Council Meeting MINUTES OF THE MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MARCH 14, 1994 The City of Springfield Council met in the Springfield City Hall, Meeting Room 2, 225 N. Fifth Street, Springfield, Oregon, on Monday, March 14, 1994, at 6:05 p.m. ATTENDANCE Present were Mayor Morrisette and Councilors Schanz, Shaver, Walters, Burge and Beyer. Councilor Maine was absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Eileen Stein, Development Services Director Susan Daluddung, Community and Economic Development Manager John Tamulonis, Human Resources Director Frank Hotchkiss and members of staff. Also present were Metro Partnership Director John Lively, Springfield Utility Board Representatives Ken Cerotsky and Bob Linahan and Sony Optical Disc Manufacturing Company representatives Tom Costabile and Russ Kunz. 1. Review of Sony Memorandum Of Understandinq Development Services Director Susan Daluddung introduced key staff members present who are involved in the development of the Sony Optical Disc Manufacturing Center in Springfield. Ms. Daluddung gave a brief overview of the creation of the Memoranda of Understandings (MOU's) and the Council asked questions about the process which lead to Sony's decision to locate in Springfield. Councilor Shaver asked if Eugene Water and Electric Board (EWEB) will be providing power to the new Sony development. Ken Cerotsky from the Springfield Utility Board (SUB) explained that SUB has entered into an agreement with EWEB to provide services in the Urban Growth Boundary areas, and will be providing service to the Sony development. Ms. Daluddung explained the memoranda of understandings would be reviewed individually. MEMORANDUM OF UNDERSTANDING - MCKENZIE GATEWAY PROPERTY Councilor Burge asked who will hold the title to land options. Mr. Leahy explained the city will hold title to the basic property and the Shideck property. He reported there are an additional 30 acres being secured by Sony and will be purchased outright. Mr. Leahy explained more information regarding land purchases will be given to the Council on April 4. Councilor Shaver asked in the event Sony does not proceed, if Sony would be required to reimburse the city for land expenses. Mr. Leahy replied yes, the city is protected on the land it has acquired. . . . City of Springfield Work Session Council Meeting Page two MEMORANDUM OF UNDERSTANDING - LAND USE AND CONSTRUCTION PERMITS Ms. Daluddung explained the city will use Special Light Industrial (SLI) standards for review of the Site Plan and partition applications, which have already been submitted. Councilor Burge asked if the city will require Covenant, Code and Restriction (CCR) standards on the development. Ms. Daluddung replied the McKenzie-Gateway Conceptual Development Plan (CDP) "incorporates SLI design standards in-lieu of CCR standards. She added the Sony Corporation is very pleased with the strictness of the SLI design standards. Mayor Morrisette asked what the development timelines are. Ms. Daluddung stated the Minor Partition request is almost complete and the Type II Site Plan will be submitted by Sony to the city within the next two weeks. Mr. Costabile added he hoped the official ground breaking ceremony would be the third or fourth week of April. MEMORANDUM OF UNDERSTANDING - INFRASTRUCTURE AND PUBLIC UTILITIES Ms. Daluddung stated Public Works Director Dan Brown committed to have the infrastructure completed by August 1, 1995. She explained possible grants from the Oregon Department of Transportation which are being sought. Councilor and water separate. Burge confirmed the development would have two sources for power each. Councilor Shaver asked if the water sources are completely Mr. Cerotsky replied no, they are tied together. MEMORANDUM OF UNDERSTANDING - SYSTEM DEVELOPMENT CHARGES/IMPACT FEE Councilor Burge asked if the Oregon Economic Development Department (OEDD) would refund the city for lost revenue for System Development Charges (SDC's) and Building Permits. Ms. Daluddung answered yes, up to a cap of $259,000. MEMORANDUM OF UNDERSTANDING - UTILITIES RATE Ms. Daluddung explained SUB will provide a guaranteed rate through the year 2000 with an eight percent CPI limit. Mr. Linahan replied this agreement is acceptable for SUB and they will make a small profit. MEMORANDUM OF UNDERSTANDING - LANE TRANSIT DISTRICT Ms. Daluddung reported this MOU explains the tax rate and standard policies for Lane Transit District. MEMORANDUM OF UNDERSTANDING - ENVIRONMENTAL AIR PERMITS Ms. Daluddung reported on the two types of permits which Sony must obtain from Lane Regional Air Pollution Authority (LRAPA). One is an Indirect Source Permit and the other is an Operating Permit. . . . City of Springfield Work Session Council Meeting Page three Mayor Morrisette asked whether alternatives to impervious surfaces (parking lots) had been considered. Ms. Daluddung explained a traffic model has been completed. Mr. Tamulonis stated a consulting firm is working on parking lot designs which will minimize the water run-off as much as possible and explore many alternative mechanisms. Ms. Daluddung told the Council a water filtration pond is being planned at the north end of the site. Councilor Shaver asked if LRAPA will perform water samplings. Ms. Daluddung replied yes, continuously, as part of their permit process. Council discussed timelines for the environmental application and approval process. MEMORANDUM OF UNDERSTANDING - HAZARDOUS WASTE GENERATION Ms. Daluddung explained hazardous waste issues are handled through state regulations, not city regulations. She introduced Fire Marshal Dennis Shew, who has been working with the State of Oregon and Sony on hazardous waste issues. MEMORANDUM OF UNDERSTANDING - HAZARDOUS MATERIALS MANAGEMENT Mr. Shew explained that hazardous materials management by the city for the Sony development will conform to Oregon Occupational Safety and Health Administrative (OSHA) requirements. MEMORANDUM OF UNDERSTANDING - PROPERTY TAX EXEMPTIONS Ms. Daluddung explained the city determines the property tax exemption status for the Sony development and forwards the recommendation onto the State. The State of Oregon will approve the status and monitor the application. Mayor Morrisette asked about the number of employees and salary levels required of the Sony Corporation. Mr. Leahy responded there is no written commitment by the Sony Corporation to hire a certain number or level of employees. He explained the city does not regulate Sony's corporate policy with regard to hiring practices. Mr. Tamulonis clarified the requirements for Enterprise Zone designation and Mr. Leahy stated the Sony development must comply with the Oregon Administrative Regulations (OAR) for meeting Enterprise Zone criteria. Councilor Burge asked if 150% of Sony's compensation package includes benefits. Mr. Leahy replied yes, it includes wages, overtime, profit sharing and all non-government mandated benefits. Mr. Tamulonis explained the sunset clause of ten years on the state enterprize zone program. He stated the state can extend the program, but the city can not. MEMORANDUM OF UNDERSTANDING - FINANCING Ms. Daluddung explained this Memorandum of Understanding describes how state Industrial Revenue Bonds would apply to the Sony development, . . . City of Springfield Work Session Council Meeting Page four MEMORANDUM OF UNDERSTANDING - TRAINING Ms. Daluddung stated there is a training agreement between the state Department of Higher Education and the Sony Corporation. She explained how the training funds will be allocated. Councilor Shaver asked how the training funds will be distributed. Ms. Daluddung explained $700,000 will go directly to the Sony Corporation and the balance will go to Lane Community College to provide specialized training for Sony employees. MEMORANDUM OF UNDERSTANDING - WORKERS' COMPENSATION Ms. Daluddung explained that the Workers' Compensation management will comply with state law, not city requirements. MEMORANDUM OF UNDERSTANDING - LOCAL SUPPORT Ms. Daluddung explained that support with office space, local bank assistance and mortgages would occur through the Eugene/Springfield Metropolitan Partnership. Ms. Daluddung distributed a draft of the Sony development project schedule. Councilor Burge commended all staff who worked on or who are working on the project. Mr. Costabile shared Councilor Burge's compliments and appreciation to all city staff, especially Mike Kelly, Susan Daluddung and John Lively. Mr. Leahy stated the city will achieve a very unified development through one large company versus several smaller companies locating in the McKenzie-Gateway Conceptual Development Plan area. He also explained the Sony Corporation will donate right-of-way to the city. Mayor Morrisette said the dollars the Sony Corporation will give back to the city will help offset the perception that they city is giving away so much to Sony. THE MEETING RECESSED AT 7:00 P.M. THE MEETING RECONVENED AT 7:10 P.M. 2. Sexual Harassment Human Resources Director Frank Hotchkiss explained the purpose of the presentation was to provide the same briefing to Council as had been provided to city employees on this issue. Mr. Leahy handed out a status report on State Law regarding sexual harassment and provided information on case law for the last several years, Mr. Hotchkiss provided an explanation of a recent Supreme Court case titled Harris vs. Forklift Systems, Inc., as well as standards governing sexual harassment lawsuits. . . . . City of Springfield Work Session Council Meeting Page five Mr. Hotchkiss explained the city's policy with regards to sexual harassment which first went into effect April 20, 1984 and was updated on April 6, 1989. He detailed the training provided by himself and Mr. Leahy to city staff. Councilor Beyer asked if the city has any board, commission or committee harassment issues currently and what the city's liability factor is. Mr. Leahy explained there is a remote city responsibility, but a definite third party obligation for intervention. Councilor Shaver inquired about the process for harassment claims. Mr. Hotchkiss explained the accuser needs to address the harasser one-on-one before the city could intervene. Mr. Leahy gave details on how the city could become involved. Mr. Hotchkiss explained the city has had very few complaints and has always intervened quickly. 3. Use of Emerqency Clause in Ordinances Ms. Stein handed out information regarding the use of emergency clauses in ordinances and reviewed past City Attorney legal opinions, #91-4 and #91-6 regarding this issue. Ms. Stein stated it is Council's prerogative to delete or add an emergency clause to any ordinance. Ms. Stein explained the process of first and second readings and how the 30 day effective period allows for a referendum to be filed. She referred to the hand out that explained the criteria for using emergency clauses and explained there are gray areas where staff needs specific direction. Mayor Morrisette suggested keeping the existing policy with the understanding that issues likely to be appealed, should be given first and second readings. Councilor Burge agreed and stated an emergency clause should not be used to circumvent the process of referendums. Councilor Shaver cautioned on not delaying development for 30 to 45 days, just to avoid the usage of an emergency clause. Mr. Leahy explained the emergency clause can be used for effective dates that are shorter than 30 days. By consensus, the Council agreed to keep the existing policy of staff using their discretion with regards to the use of the emergency clause. 4. Business from Council Councilor Schanz reported on the Finance and Judiciary Committee meeting held March 9. He said the committee discussed the city's Bancroft policy, Booth-Kelly, and briefly touched on the City Manager's compensation package. Mayor Morrisette stated he is reluctant to spend city funds to review and change policies relating to Booth-Kelly management. He referred to the work performed by the previous Property Management Advisory Committee and commended Property Manager Jim Douglas for doing an excellent job. Councilor Walters agreed with Mayor Morrisette. . . . .. City of Springfield Work Session Council Meeting Page six Councilor Shaver told the Council the committee recommended receiving Request For Proposals (RFP) for appraisals on city Bancroft lots which would help support the lot sales program. Mr. Kelly explained an RFP could be produced in a short time frame or Councilor Burge could seek information from the real estate sector. Councilor Walters suggested completing the RFP process giving all appraisers an equal opportunity to bid for the worK. By consensus, the Council agreed to send an RFP to members of the Society of Real Estate Appraisers (SRA) and Members of the Appraisal Institute (MAl). The results will then be reviewed by the Finance and Judiciary Committee and the City Council at future work sessions. Councilor Schanz updated the Council on the last Human Rights Commission meeting. Councilor Burge asked what the Human Rights Commission is focusing on currently. Councilor Schanz replied the commission is not working on a project or topic and there are no discrimination complaints being reviewed at this time. He explained the commission has had a lot of turnover and they need direction and stability. The Council discussed the Human Rights Commission Ordinance and revisions made by the Council. Councilor Shaver suggested the commission begin meeting bimonthly or quarterly. Councilor Shaver asked the Council to review his E-mail regarding confiscated weapons. He stated currently the Police Department has 7,000 unclaimed weapons and 2,000 nuisance weapons in their possession. Councilor Burge left meeting briefly and upon his return announced that Councilor Jesse Maine died at 7:30 p.m. this evening. The Council had a few minutes of silence in Councilor Maine's honor. ADJOURNMENT The meeting was adjourned at 8:20 p.m. Minutes Recorder - Shari Higgins B!47Y!~~ Mayor I ATTEST: Cit~ #4331