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HomeMy WebLinkAbout06/18/2007 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 18, 2007 The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, June 18, 2007 at 7:00 p.m., with Council President Lundberg presiding. ATIENDANCE Present were Councilors Lundberg, Wylie, Ballew, Woodrow and Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Joe Leahy, Clerk III Trudy Borrevik and members of the staff. Mayor Leiken was absent (excused) and Councilor Ralston participated by conference phone from 7:00 through 7:38p.m. He was excused for the rest of the meeting. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council President Lundberg. BUSINESS FROM CITY ATTORNEY 1. Settlement Agreement - RiverWatch Litigation. Assistant Public Works Director Len Goodwin presented the information on this item. On Friday afternoon, at about 4:30 p.m., the parties reached a tentative agreement on the terms of a settlement which would resolve all of the claims in this litigation, which alleged that the two cities and the Metropolitan Wastewater Management Commission ("MWMC") had committed violations of the federal Clean Water Act. The Settlement is generally in line with previous expectations. The Settlement provides for MWMC to pay $65,000 to the Long Tom Watershed Council to permit them to complete a watershed restoration project, and to contribute $120,000 towards the payment of Plaintiff's legal fees. (This is $2,500 more than previously anticipated.) It obliges the defendants to designate persons as compliance officers and to create Standard Operating Procedures covering the permit compliance in the event of sanitary sewer overflows. It obliges the City of Eugene to conduct a third party audit of the Regional Water Pollution Control Facility. It also provides for other notices to be provided to the plaintiffs under certain circumstances. Counsel to each of the parties, and staff involved, all recommend approval of the agreement by their principals. The Eugene City Manager should consider the matter this afternoon, and the Metropolitan Wastewater Management Commission is due to take up the agreement at its Thursday meeting. Mr. Goodwin advised Council that there was a settlement agreement reached in the RiverWatch Litigation and introduced the city's litigation counsel, David Wade. City of Springfield Council Regular Meeting Minutes June 18, 2007 Page 2 Mr. Wade gave the Council an update of the River Watch litigation settlement and outlined the changes in the settlement agreement. He recommended that the City Council approve the settlement agreement and authorize the City Manager to execute on behalf of the City. Councilor Woodrow asked if the 45 day stay would incur additional attorney fees. Yes, it would incur additional costs but not for the City. Councilor Ralston asked about the watershed restoration project mentioned in the settlement agreement, what it would involve and if there was a cost associated with it. Mr. Wade responded that the Long Tom Watershed Council is a long standing environmental body which has worked with any number of agencies in the area on restoring mostly the Amazon Basin and the Long Tom Basin. They had designed various restoration projects to restore stream banks and that sort of thing. They had spelled out the three projects they were considering and MWMC was going to contribute $65,000 to be used only for a watershed restoration project. Those funds could only be used for one of three projects which had been specified and agreed upon by all parties. . Councilor Pishioneri asked how the watershed restoration project was selected and it was explained by Mr. Wade. Environmental Services Manager Susie Smith said Oregon River Watch (ORW) Board members had complaints about the upper Amazon Creek Watershed. She explained further. SPRINGFIELD UPBEAT 1. Dan Warden, American Legion, Oregon Boys State. Council President Lundberg introduced Dan Warden from the American Legion and the young men with him that were part of Oregon Boys State. The American Legion Oregon Boys State is a week of individual participation and ROLE PLAYING in the operation of our Democratic form of government, the organization of a political party and the practical application ofthe knowledge gained from both. During their week at The American Legion Oregon Boys State, young men wi11learn many facets of the political system; from electing a: Mayor to drawing up a platform, adopting caucus rules, and selecting nominees for Governor of The American Legion Oregon Boys State. They wi11leam how government operates on a city level, county level, and state level of . government as well as the duties of the offices associated with each level. Opportunities will be available to broaden their skills by attending special training sessions of law, leadership, speech writing and presentation, legislature, and law enforcement; conducted by selected members of The American Legion Oregon Boys State Staff and outside experts. City of Springfield Council Regular Meeting Minutes June 18,2007 Page 3 2. Employee Recognition - Cheryl Wi11iams, 20 Years of Service.. City Manager Gino Grimaldi recognized Cheryl Wi11iams for her 20 years of service to the City of Springfield and presented her with a framed certificate. Cheryl introduced her husband and son and daughter-in-law and thanked the City for the opportunity to work for the City, stating it was her 2nd home. 3. Employee Recognition - Gary McKenney, 20 Years of Service. City Manager Gino Grimaldi recognized Gary McKenney for his 20 years of service to the City of Springfield and presented him with a framed certificate. Gary introduced his wife and thanked the City for the opportunity to work for the City. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. Approval of the May 2007, Disbursements for Approval. 2. Minutes a. June 4,2007 - Work Session b. June 4, 2007 - Regular Meeting c. June 11,2007 - Work Session 3. Resolutions a. RESOLUTION NO. 07-27 - A RESOLUTION AUTHORIZING A SIX PERCENT RETIREMENT CONTRIBUTION PICKUP. FOR CITY NON-REPRESENTED EMPLOYEES. 4. Ordinances a. ORDINANCE NO. 6193 - AN ORDINANCE AMENDING THE 0 STREET REFINEMENT PLAN DIAGRAM BY REDESIGNATING 1.17 ACRES OF LAND FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO GENERAL OFFICE (GO) AND AMENDING THE REFINEMENT PLAN TEXT TO ESTABLISH A POLICY AND CRITERIA FOR LOCATING THE GENERAL OFFICE DESIGNATION WITHIN THE REFINEMENT PLAN AREA. b. ORDINANCE NO. 6194 - AN ORDINANCE AMENDING THE SPRINGFIELD ZONING MAP BY REZONING 1.17 ACRES OF LAND IDENTIFIED AS LANE City of Springfield Council Regular Meeting Minutes June 18, 2007 Page 4 COUNTY ASSESSOR'S MAP 17-03-25-24. TAX LOTS 3600.4700.4800.4900 AND 5000. FROM MDR TO GO. 5. Other Routine Matters a. Approve the Council Operating Policies and Procedures Amendment. b. Allow Construction Activities Outside of the Hours of 7 a.m. and 6 p.m. for the 42nd Street Reconstruction Phase II Project P20457 Limited to the Activity of Concrete Cutting for the Duration of the Project as Stated in the Contract. c. Accept the Bid from Farwest Truck Center for Purchase of Three (3) Dump Trucks in the Amount of $243,075. d. Approve Award of the SubjectContract by Lane County of a Construction Contract for Project P50529: Bob Straub Parkway, Phase 2. e. Authorize the City Manager to Execute a Contract in the Amount not to Exceed $92,621 with CH2M Hi11, Inc. for Engineering, Surveying and Photogrammetry for GatewayIBeltline Intersection Project - P20474. ITEMS REMOVED PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. 1. Proposed Amendments to the Metropolitan Area General Plan Diagram and the Springfield Zoning Map/Marco1a Meadows. ORDINANCE NO. 6195 - AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN GENERAL PLAN DIAGRAM BY REDESIGNATING 56 ACRES FROM CAMPUS INDUSTRIAL TO: COMMUNITY COMMERCIAL: MEDIUM DENSITY RESIDENTIAL/NODAL DEVELOPMENT AREA: AND COMMERCIAL/NODAL DEVELOPMENT AREA ON LAND LOCATED NORTH OF MARCOLA ROAD AND WEST OF 28TH/31 ST STREETS. ORDINANCE NO. 6196 - AN ORDINANCE AMENDING THE SPRINGFIELD ZONING MAP BY REZONING 56 ACRES FROM CAMPUS INDUSTRIAL TO: COMMUNITY COMMERCIAL: MEDIUM DENSITY RESIDENTIAL: AND MIXED USE COMMERCIAL ON LAND LOCATED NORTH OF MARCOLA ROAD AND WEST OF 28TH/31ST STREETS. City Planner Gary Karp presented the staff report on this item. The City Council's approval, on May 7th, of a request to hold the record open has resulted in the submittal of additional written materials relating to the proposed Metro Plan diagram and Springfield Zoning Map amendments. These materials are attached for the City Council's review and consideration. On May 7th, the City Council held a work session and conducted a public hearing (first reading) on the proposed Metro Plan diagram and Zoning Map amendments. One letter was entered into the record and eight persons spoke at the hearing. Additional materials were entered into the record by the applicant and staff. The City Council complied with a request that the written record be held open for one week (until May 14th). Staff received 6 letters from nearby City of Springfield Council Regular Meeting Minutes June 18,2007 Page 5 neighbors, a letter from Goal One Coalition and additional information from the applicant. The City Council allowed one additional week (until May 21st) for either the applicant or those in opposition to comment on any new information. No other comments were submitted. The City Council allowed an additional week (until May 29th) for the applicant to rebut all written materials. The applicant submitted rebuttal comments. This packet and the May. 7th packet comprise the entire public review record for these applications. The Staff Overview/Conclusion and Recommendation (Attachment 1 in the agenda packet) is provided to aid the City Council in the review of the additional written materials and provides the staff conclusion and recommendation upon review and consideration of the additional written materials. These materials address specific neighborhood issues (Attachment 2 in the agenda packet) and the State-wide Planning Goals, Metro Plan policies (Attachments 3, 4 and 5 in the agenda packet) already in the record. No new issues were raised. Unless otherwise directed by the City Council, staffwill place these ordinances on the July 2nd Consent Calendar. Council President Lundberg opened the public hearing. Council President Lundberg gave a background on the hearing that was held on May ih and that there would be no public testimony allowed at tonight's meeting and stated Council would deliberate only. Councilor Ralston said the question before them during the work session on this item was whether or not the City would be better served by converting Campus Industrial (CI) land to Commercial and multi-family residential. He outlined four concerns that he had in regards to the rezomng. 1. Traffic at the Mohawk overpasses is nearly gridlocked already. The addition of 192 homes, 123 townhouses and 120 apartments and a major retail commercial project would only make this gridlock unbearable for anyone traveling in and out of that area. Until Oregon Department of Transportation (ODOT) makes changes to their rules allowing an interchange at 28th Street, he didn't see any amount of mitigation that would solve this problem. 2. He was on the Planning Commission when they decided it was in the best interest of the community that the subject property should be used for Campus Industrial. He felt CI was a better zoning fit for the City and could provide for family wage jobs rather than minimum wage retail. He didn't feel there was an adequate supply of CI. 3. This could hinder redevelopment in the Mohawk area. He felt the Mohawk redevelopment was more important than Marco1a Meadows. 4. Schools tended to be overcrowded and over 400 additiona11iving units would bring in additional students which would overload the educational facilities in that part of town. 5. Much had been said about redundant retail. He was in support of smart development and healthy competition, but he would rather have one or two healthy businesses than have four competing for a limited population base that was inadequate to serve similar types of City of Springfield Council Regular Meeting Minutes June 18,2007 Page 6 services. He referred to Jerry's, Lowe's and Home Depot. The former Kmart near his home was being converted into a home improvement/garden center. Councilor Ralston concluded by saying he was absolutely opposed to the proposed amendment to the Metropolitan Area General Plan Diagram for the Springfield zoning map: Councilor Lundberg stated she was opposed because the area was an industrial and truck area, with some surrounding residential. She was concerned about changing the CI and said that CI was a step up in the community and for providing family wage jobs. She felt the property was not developed due to ownership issues, but there was now a new owner which provided more opportunity. She would prefer not to diminish the City's CI and not to put a large amount of residential and commercial that close to the major industrial facilities in that area. Councilor Ballew said the subject property had sat for a very long time. There was now a developer that had a master plan that involved commercial and medium density residential. The renderings showed a very attractive development and something she wanted to see in our community. She would be supportive of the zoning change. Councilor Wylie stated that Springfield had a growing population. Housing and retail services were needed in order to meet the population needs. She agreed with Councilor Ballew that the development was very attractive and well planned. This would be a community changing development that was needed for our citizens. Councilor Pishioneri acknowledged the concerns expressed by Councilors Ralston and Lundberg. The area had been vacant for a very long time while zoned as CI, there was CI in other areas of Springfield, and there was a need that had been demonstrated for that area. The developer would have to meet the standards for traffic and the other issues. He would be supportive of the amendments. Council President Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO ADOPT ORDINANCE NO. 6195 AMENDING THE METRO PLAN AS REQUESTED BASED ON THE FINDINGS AND CONCLUSIONS SET FORTH IN THE STAFF REPORT PROVIDED TO COUNCIL AND AFTER CONSIDERING ALL THE TESTIMONY RECEIVED AND RECORDED BEFORE COUNCIL. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 2 AGAINST (Lundberg and Ralston). IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO ADOPT ORDINANCE NO. 6196 AMENDING THE SPRINGFIELD ZONING MAP AS REQUESTED BASED ON THE FINDINGS AND CONCLUSIONS SET FORTH IN THE STAFF REPORT PROVIDED TO COUNCIL AND AFTER CONSIDERING ALL THE TESTIMONY RECEIVED AND RECORDED BEFORE COUNCIL AND SUBJECT TO THE CONDITIONS SET FORTH IN THE PROPOSED ORDINANCE. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 2 AGAINST (Lundberg and Ralston). Councilor Ralston signed off. City of Springfield Council Regular Meeting Minutes June 18,2007 Page 7 2. Fiscal Year 2007/08 City Budget Adoption. RESOLUTION NO. 07-28 - A RESOLUTION ADOPTING THE FISCAL YEAR 2007/08 SPRINGFIELD CITY BUDGET. MAKING APPROPRIATIONS, LEVYING A PROPERTY TAX. AND APPROVING THE CITY OF SPRINGFIELD'S PARTICIPATION IN THE STATE REVENUE SHARING PROGRAM Budget Officer Bob Brew presented the staff report on this item. The City Council is requested to hold a public hearing on the City's participation in the State Revenue Sharing Program, hold a public hearing on the Fiscal Year 2007/08 (FY08) Approved City Budget, and approve a resolution to adopt the Fiscal Year 2007/08 City Budget, make appropriations, levy a property tax, and approve the City of Springfield's participation in the State Revenue Sharing Program. Mr. Brew explained some of the budget items and some ofthe changes following the Budget Committee's recommendations. Councilor Ballew asked about the funding of the fire code inspection position. Mr. Brew said this position was presented as being funded partly by a grant. There was discussion about fire inspection fees as requested by the Fire Marshal's office. Any fire inspection fees would be part of the bigger business license fee. When the position was approved, staff was directed to try to fund it from fees. Mr. Grimaldi said the Budget Committee recommended that the position be revenue neutral. If that couldn't be achieved, staff would come back to the Council for further direction. Fire Marshal AI Gerard spoke to the Council regarding the laws of what can be done by fire personnel. Councilor Pishioneri asked about the movement of the money from the Jasper Natron projects to the Harlow Lift Station. Assistant Public Works Director Len Goodwin answered Councilor Pishioneri' s question. Council President Lundberg opened the public hearing for the State Shared Revenues. No one appeared to speak. Council President Lundberg closed the public hearing. Council President Lundberg opened the public hearing for the FY2007/2008 Budget. No one appeared to speak. Council President Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO ADOPT RESOLUTION NO. 07-28. THE MOTION PASSED WITH A VOTE OF 5. FOR AND OAGAINST (1 Absent - Ralston). City of Springfield Council Regular Meeting Minutes June 18,2007 Page 8 3. Public Hearing and Adoption of Resolution Amending Fees for Fiscal Year 2007-2008. RESOLUTION NO. 07-29 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ADOPTING AN AMENDED MASTER SCHEDULE OF MISCELLANEOUS FEES AND CHARGES, RATES. PERMITS AND LICENSES. Budget Officer Bob Brew presented the staff report on this item. The Resolution being presented moves certain fees currently charged by the City of Springfield Fire and Life Safety Department to the Master Schedule of Miscellaneous Fees from the Building Safety Code fee schedule. The Technology Fee surcharge is also added to certain Fire Marshal's Office fees, although the underlying fee amounts have not changed from last year's adopted rates. At the May 18, 2007 City Council meeting, Council adopted an amended Master Schedule of Miscellaneous Fees. The Fire Marshal-related fees in Exhibit 1 were inadvertently omitted from that Master Schedule. The attached resolution corrects that oversight. Councilor Pishioneri asked about fees for adjustment. Mr. Brew responded. . . Councilor Ballew asked about two fees relative to public usage. One had a fee and one did not. It related to the transient fee. Mr. Brew said staff would be preparing a memo on that issue. Council President Lundberg opened the public hearing. No one spoke. Council President Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO ADOPT RESOLUTION NO. 07-29. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Ralston). 4. Establishing Liens for Public Improvements to Serve West I Street, from Water Street to Kelly Boulevard and Vicinity. ORDINANCE NO. 6197 - AN ORDINANCE ESTABLISHING LIENS FOR INSTALLATION OF PAVING, CURBS AND GUTIERS, SIDEWALKS. STORM DRAINAGE. STREET LIGHTS, AND STREET TREES. FOR WEST I STREET FROM WATER STREET TO KELLY BOULEVARD AND VICINITY. PROJECT #P20340. IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. Council President Lundberg acknowledged that the Boys State attendees were leaving the meeting. She thanked them again for attending. Finance Director Bob Duey presented the staff report on this item. The City has completed a local improvement project for West I Street, from Water Street to Kelly Boulevard and vicinity. City of Springfield Council Regular Meeting Minutes June 18,2007 Page 9 The Council is requested to adopt the ordinance assessing the properties for this project in the. amount of $36,430.43. The ordinance contains an emergency clause that makes it effective immediately upon adoption. The emergency clause is being used because we would like to enter the liens on the City docket as soon as possible. Mr. Duey noted that this was initiated by the property owners. He explained the cost of the project and the City's share of the project. He explained the steps that would occur if Council were to approve the ordinance. Council President Lundberg opened the public hearing. No one appeared to speak. Council President Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO ADOPT ORDINANCE NO. 6197. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Ralston). 5. Conduct a Public Hearing and Adoption of an Ordinance Amending the Springfield Municipal Code, Chapter 8. ORDINANCE NO. 6198 - AN ORDINANCE PERTAINING TO SIGN STANDARDS, AMENDING CHAPTER 8 OF THE SPRINGFIELD MUNICIPAL CODE BY ADDING CHAPTER 8.268, ADDING MAP NO.5, AND DECLARING AN EMERGENCY. Community Services Director Dave Puent presented the staff report on this item. The RiverBend Development site is currently under construction with the anticipation of substantial completion of the hospital in the spring of 2008 and with other buildings under various stages of development and completion. These properties are referenced as Lane County Reference Number 17032200 and 17032322. Presently there is no approved Sign District or sign standards designated for these properties. An emergency clause has been added to this Ordinance due to the strict construction schedule. The existing Springfield Sign Code has specific sign standards designated for each zoning district within the community. When the RiverBend Development Area was developed as primarily Medical Services, the Springfield Sign Code did not contain existing regulations or standards for proposed signage. Over many months, City staff and PeaceHea1th have worked jointly to propose specific standards for signage that would allow for adequate and effective signage while preventing signs from dominating the visual appearance of the area and to reflect and support the permitted uses found throughout the various zoning districts in the community. The proposed sign standards provide for the number and size of allowable signs and the approximate location of each sign. This newly created sign district, if adopted, wi11 be identified as Map 5 and included as part of the existing Sign Code. The combination and number of signs being proposed for this approved development area are due to its unique size, the number of structures that will be located within the property, and the necessity to provide clear direction for -yisitors to the site. Attachments 3 and 4 were included in the agenda packet for information only and indicated the approximate location and appearance of the proposed signage. City of Springfield Council Regular Meeting Minutes June 18, 2007 Page 10 There is no financial impact to the City. Councilor Wylie asked if all signs in this district would be standardized. Yes. Councilor Ballew asked if any resentment would be coming from other businesses in allowing this change in the signage. Mr. Puent said the sign districts throughout town were routinely reviewed. Councilor Pishioneri asked if any of these signs would be lit and if any would be backlighted. Mr. Puent explained which signs would have lighting. Council President Lundberg opened the public hearing. No one appeared to speak. Council President Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO ADOPT ORDINANCE NO. 6198. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Ralston). 6. Telecommunications Ordinance Update. ORDINANCE NO.7 - AN ORDINANCE AMENDING ARTICLE 4 OF THE SPRINGFIELD MUNICIPAL CODE TO PROVIDE FOR LICENSING OF UTILITIES, AMENDING SECTIONS 4.600. 4.602. 4.604, 4.606, 4.608, 4.610, 4.612, 4.614. 4.616, 4.618.4.620,4.622,4.624,4.700.4.702,4.704, 4.706, 4.708. 4.710, 4.712. 4.714 AND 4.716. DELETING SECTIONS 4.626 AND 4.628, AND SETIING AN EFFECTIVE DATE (FIRST READING). Assistant Public Works Director Len Goodwin presented the staff report on this item. The City's . current telecommunications ordinance, which reverted to its 1997 form when the Utility Tax was repealed, is in need of updating. In addition, it is appropriate to modify the ordinance to account for the recent decision of the -Federal Communications decision on franchising of competitive cable television providers. It is timely to make housekeeping revisions to the City's telecommunications ordinance to assure that it continues to comply with recent interpretations of Section 253 of the Telecommunications Act of 1996. In addition, it is timely to modify the ordinance to accommodate the actions of the Federal Communications Commission in providing alternative cable television providers an accelerated path to access to public rights of way to provide their services. Councilor Lundberg asked if there was any discussion with any of the businesses that we currently charge a franchise fee. City of Springfield Council Regular Meeting Minutes June 18,2007 Page 11 Discussion was held regarding if this needed to be approved right away or if there was time available to allow a longer period of time to allow additional contact with franchise companies. Councilor Pishioneri asked ifby waiting longer, it would weaken the City's position. Mr. Goodwin said as long as the City acted before the Federal Office of Management budget acted, we would be o.k. There was no time period in which the Federal Office of Management must act. Time could be of essence. Councilor Pishioneri said he supported speaking with the companies, but would like to see this move forward expeditiously. Council President Lundberg suggested acting on it prior to the recess at the end of July. Council agreed to have it brought back on July 2. Council President Lundberg opened the public hearing. 1. Bob Schroeter. 2897 Chad Drive. Eugene, Oregon Mr. Schroeter, Director of Government Affairs, spoke on behalf of Comcast, Inc. He stated he was first handed the proposed ordinance after last week's work session. He said he had received no information or discussions about this issue prior to that meeting. He said it was important to determine if time was of the essence. Only one of the three points outlined by Mr. Goodwin may indicate time is of the essence. That point was that if a competitive entry would come forward, proposed to have a cable franchise within the City of Springfield, the City might lose the opportunity to assert certain requirements for public education and government channels. He also discussed the chance that public access channels might not be available to all citizens. If the proposed ordinance was only to address the issue regarding time is ofthe essence, Comcast would have the opportunity to have some discussions for Council to consider the impact of item # 1, which sounds like a housekeeping item, rather than item #2. Council President Lundberg closed the public hearing. Councilor Pishioneri asked if Mr. Schroeter had anything further to add to his testimony. Mr. Leahy said Council could leave the record open for a week in order to allow the submission of written testimony for Council to review. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISmONERI TO HOLD THE RECORD OPEN FOR A WEEK. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Ralston) BUSINESS FROM THE AUDIENCE None COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS City of Springfield Council Regular Meeting Minutes June 18,2007 Page 12 None. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Planning Commission Appointment. Planning Supervisor Mark Metzger presented the staff report on this item. The seven member Planning Commission has three vacancies as a result ofMr. Steve Moe completing his second 4-year term on June 5, 2007; Mr. David Cole completing his fIrst 4-year term on June 2, 2007 and declining consideration for reappointment; and Ms. Gayle Decker completing her first 4-year term on June 2, 2007 also declining consideration for reappointment. The City received six applications for the three vacancies during a one month recruitment process. Ms. Terri Leezer resides at 555 16th Street and is employed by Ad Pro Northwest at 659 "A" Street, Springfield; Mr. Eric Smith resides at 1351 Lawnridge Avenue and is the owner of Aquila & Priscillas at 18743 Pioneer Parkway, Springfield; and Ms. Sheri Moore resides at 1955 16th Street and is a retired School Teacher from Marcola School District. The Council interviewed Ms. Leezer, Mr. Smith and Ms. Moore on May 29,2007. Formal ratification by the Council must occur during a Regular Session. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO APPOINT TERRI LEEZER, ERIC SMITH, AND SHERI MOORE TO THE PLANNING COMMISSION. . THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Ralston). 2. Business from Council a. Committee Reports 1. Councilor Wylie said was on the Public Safety Coordinating Council (PSCC) and had also been attending some of the meetings that Mark Molina had been having regarding gang issues. This Thursday and Friday in Cottage Grove was a free workshop on gangs, groups, issues, hate groups and all that kind of general information. She was going to attend at least part of it and would report back. She wanted to offer the rest of the Council the opportunity to attend if they would like. Councilor Pishioneri stated he would be attending the same meeting and had the contact information if anyone on Council was interested. 2. Councilor Ballew reported on the MPO meetings. She said it was business as usual. One thing that stood out in her mind was that the Oregon MPO Association had a City of Springfield Council Regular Meeting Minutes June 18,2007 . Page 13 legislative package they would like concurrence with. She asked Mr. Grimaldi if they were planning a brief work session on that item. Yes. It would give Council a chance to comment or have an opinion. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at approximately 8: 17 p.m. Minutes Recorder Trudy Borrevik Attest: . ~hw^--- City Rec er