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HomeMy WebLinkAbout05/19/2003 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MAY 19,2003 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, May 19,2003 at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Woodrow, Burge, Ralston and Malloy. Also present were Acting City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder Kim Krebs, Clerk III Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT . 1. Dennis Murphy gave the Ribbon of Promise 5th Anniversary Report. Mr Murphy noted that this Wednesday, May 21, is the 5th anniversary of the Thurston High School shooting. The Ribbon of Promise started on May 22 ofthat same year. He said that Springfield is the only community to start this type of campaign and it has been endorsed and recognized nationally. He referenced the brochure that was given to the Council which outlines the plan. He described some of the other programs that have been started in collaboration with Ribbon of . Promise such as By Kids For Kids and the magazine Teens Under Fire. He discussed some of the funding partnerships they have developed. He explained the outcome - violent activities have been stopped. He thanked Mayor Leiken for his participation in many Ribbon of Promise events, Councilor Burge for providing office space and Councilor Woodrow for his participation through HeartCore International. CONSENT CALENDAR 1. Claims a. Approve the April 2003 Disbursements for Approval. 2. Minutes 3. Resolutions a. RESOLUTION NO.1 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30245 GAME FARM ROAD EAST LTD BUS TURNOUT. . b. RESOLUTION NO.2 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30230 MAPLE ISLAND ROAD FROM GAME FARM ROAD TO INTERNATIONAL WAY AND PROJECT P20314: MAPLE ISLAND ROAD MODIFICATIONS. ROUNDABOUTS ALONG MAPLE ISLAND ROAD BETWEEN GAME FARM ROAD AND INTERNATIONAL WAY. Springfield City Council Regular Session Minutes - May 19,2003 Page - 2 . c. RESOLUTION NO.3 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ENDORSING THE RESOLUTION OF THE WRIT OF MANDAMUS AND AUTHORIZING EXPENDITURE OF FUNDS FOR STORM WATER PRETREATMENT. 4. Ordinances 5. Other Routine Matters a. Accept the Bid from Special Asphalt Products for the Purchase of a Street Crack/Joint Sealing Machine in the Amount of $28,050.00, for the Public Works Department. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Gateway Refmement Plan Diagram Amendment. . Planner Kay Bork was present for the staff report on this issue. She said that the May 5, 2003 Planning Commission public hearing on this matter was continued at the applicant's request until July 1, 2003. The City Council public hearing scheduled for tonight for the Gateway Refinement Plan Amendment will also require a continuance since the Planning Commission was unable to forward a recommendation for City Council review. The applicant requests the City Council continue the public hearing to July 7, 2003. Mayor Leiken opened the Public Hearing. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO CONTINUE THE PUBLIC HEARING TO JULY 7,2003 FOR A REQUEST TO APPROVE GATEWAY REFINEMENT PLAN DIAGRAM TO RE-DESIGNATE 1.2 ACRE PARCEL LOCATED AT 433/449 HARLOW STREET, ASSESSOR'S MAP NUMBER 17-03- 22-44 TAX LOT 7200 FROM MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL. THE MOTION WAS ADOPTED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Springfield Natural Resource Inventory. Planner Mark Metzger was present for the staff report on this issue. Mr. Metzger said the Springfield Planning Commission has been considering the Springfield Natural Resource Inventory. They met on April 15 and again on May 6. They have not yet come to a consensus on this issue. They had advertised the Planning Commission public hearing and the City Council public hearing. As a cost saving measure, they are requesting the public hearing is opened tonight and continued until the September 15, 2003 Council meeting. . Mayor Leiken opened the public hearing. Springfield City Council Regular Session Minutes - May 19,2003 Page - 3 . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO CONTINUE THE PUBLIC HEARING FOR THE SPRINGFIELD NATURAL RESOURCE INVENTORY TO SEPTEMBER 15,2003. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Steve Moe, P.O. Box 847, Springfield. Mr. Moe spoke regarding the 1-5 Bridge being built over the freeway. He recalled when the bridge was built and the load it was built to carry. He discussed the fact that anything over the maximum weight required a special permit. Since that time the limit has increased and yet the bridges were not built for the higher weight. He would like to see this checked out because he believes due to this error by someone at the State, the citizens now have to pay $1 Billion if not more for repairs to this bridge. He blames staff and engineers at the State. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Bradley and Nancy Anderson, 950 So. 72nd Street, Springfield, Oregon, Regarding the Proposed Natural Resource Sites for Springfield. [Please see attached staff response] . 2. Correspondence from Nick Shevchynski, 2347 Marcola Road, Springfield, Oregon, Regarding Code Enforcement on Property Located at 2315 and 2347 Marcola Road, Springfield. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Appoint the Springfield Chamber of Commerce Nominee to Fill a Springfield Business Representative Opening on the Lane Workforce Partnership Board. Economic Development Services Director John Tamulonis was present for the staff report. Mr. Tamulonis said that the Lane Workforce Partnership requested the nominee from the Springfield Chamber of Commerce fill an open position as required under the federal organization. Federal regulations guiding the Partnership require the City of Springfield to appoint from business nominations made by the Chamber of Commerce. . The Lane Workforce Partnership (L WP) requested Springfield fill one position, vacated by Bob Reeves (Northwest Community Credit Union), as a business representative on the Board of Springfield City Council Regular Session Minutes - May 19,2003 Page - 4 . Directors. The Springfield Chamber of Commerce Board of Directors approved the nomination of Vicki Roessler (Vice President Human Resources Northwest Community Credit Union) to be appointed by the Springfield City Council to fill a term ending 12/31/05. Mr. Tamulonis said the Lane Workforce Partnership is charged with directing the operation of local employment and training programs funded under the Work Force Investment Act (supplanting the Job Training Partnership Act). Lane Workforce Partnership serves annually over 5,000 Lane county residents and about 450 businesses. It has an annual budget of about $5 million. Federal regulations require the City seek nominations from general-purpose business organizations (the Springfield Chamber in our case) for business appointments. The appointees must be business owners or managers in Springfield, but need not be City residents. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPOINT VICKI ROESSLER TO THE LANE WORKFORCE PARTNERSHIP BOARD TO SERVE A THREE-YEAR TERM ENDING DECEMBER 31,2005. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Library Board Application Review/Appointment. Library Director Bob Russell was present for the staff report. Council reviewed the applications from Ruth Haberman and Arline Link during the Work Session this evening. The Library Board is recommending that the Council appoint Ruth Haberman to fill the vacancy which will expire on December 31,2003. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPOINT RUTH HABERMAN TO THE LIBRARY BOARD FOR A TERM TO EXPIRE ON DECEMBER 31, 2003. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports Councilor Ballew attended the Lane Workforce Conference. She felt the speaker, futurist Ed Barlow, was very good and there is a great reality in what he says and observes. She said it was very distressing to hear how fast jobs are going off shore. Mayor Leiken said he and Councilor Ballew attended the MPC meeting. He said most of the discussion was regarding transportation and the certification from the FHW A and the FT A. There was also discussion regarding possibly putting in an interchange at Glenwood when the new 1-5 Bridge construction begins. He met with Mayor Torrey who is also in favor of such an interchange. He said it appeared most in attendance at the MPC meeting were in favor. Mayor Leiken said that the Mayor's Prayer Breakfast was very well attended with 600 to 700 people. He thought the speaker, John Lloyd Ogilivie, retiring chaplain of the U.S. Senate, did an excellent job. He acknowledged those that had also attended including, Councilor Burge, Councilor Woodrow, Councilor Ralston, Chief Smith, and Chief Murphy. . Councilor Burge also attended the Mayor's Prayer Breakfast. He said it is one of his favorite events. He feels the speakers are always incredible and bring great messages from all walks of. life. He would encourage anyone to attend. Springfield City Council Regular Session Minutes - May 19,2003 Page - 5 . b. Other Business Councilor Burge referenced a memo received from City Recorder 'Kim Krebs regarding Commissioner Dwyer's petition to put on the ballot a measure to have our Transportation Systems Maintenance Fees (TSMF) ordinance repealed. Commissioner Dwyer did receive enough signatures for this to go forward for an election. Councilor Burge asked if Council should have a work session to discuss the option of repealing the ordinance. His decision is not based on Commission Dwyer's petition, but rather because he has always felt the problem lies in the County's allocation of funding to cities on a fair basis. Councilor Ralston agrees it is the root of the problem. He would like preliminary numbers of how many miles of road in Lane County are located in Springfield to see if we would come out money ahead or not. He believes we could come up with formula. Councilor Burge said he would also like to know how !llany miles are traveled on these roads. Councilor Fitch asked staff about the time line to respond to the petition that has been filed and about the cost ofthe election. . City Recorder Kim Krebs said that staff is required to bring it before the governing body, City Council, for their next Regular meeting following receipt of the signatures from Lane County. She received the signatures from Lane County elections on Friday, May 16. Their next Regular meeting is June 2 and staff will bring it to Council at that time. Council then has 30 days from the date Ms. Krebs received the signatures to refer it on. That makes their deadline June 16. The cost of an election is estimated at between $40,000 and $50,000. Councilor Fitch confirmed that they would need to consider something at the June 2 meeting. If any bargaining with the County was to occur, it would need to occur during the 30 days. Councilor Malloy asked if we even have time to get the information and make that kind of decision in time. Councilor Burge said that if the County would not enter into a new agreement which would allocate funds in a more equitable way, the City may need to look into amending the County Charter. Councilor Ballew said it is up to the County and they are not willingly coming forward. She asked if this has to be on the September ballot or if it could go on the November ballot. Ms. Krebs explained the deadlines and how it effects when it will go on the ballot. Councilor Ballew thinks we should put it to the voters and give them facts so they can make an educated decision. She does not want to quit. . Councilor Woodrow asked if there has been a solution regarding collection of the fee. Technical Services Manager Len Goodwin said there has not been an agreement regarding collection of the fees at this time. The proposal from Springfield Utility Board (SUB) is for $350,000 per year in addition to what we already pay them to collect storm water and sewer fees. Staff is looking at Springfield City Council Regular Session Minutes - May 19,2003 Page - 6 . other options to see if we can get another agency to collect and bill for us at a lower cost. It is likely they will not have the response from these agencies until at least the end of June. Councilor Woodrow feels if we can't collect the TSMF fees in July that will make a difference. Councilor Ballew feels we should proceed because we need the additional funding as soon as possible to keep from getting in a worse situation. Councilor Burge said he is still uncomfortable making City citizens pay when iUs due to lack of funding from the County. He believes our citizens have already paid to the County. There was discussion about whether or not the City could collect the fee along with regular municipal taxes. It cannot because it is not authorized by state law as a tax, it is a fee. Other cities that have tried this approach have found it has worked against them. Ms. Krebs confirmed the timelines: Council needs to get their proposal to the City Recorder by June 16 and the City Recorder then needs to get that information to Lane County Elections by June 21 to getit on the ballot. Mayor Leiken said it was unlikely that the County will enter into a new IGA with the City to allocate funds in a fair manner. The County has suggested that they would refuse to continue the agreement even in its current form for the next year. Councilor Burge asked if there was a basis for litigation. . City Attorney Joe Leahy will check into it. Councilor Fitch suggested that the work session on June 2 be very specific. She highlighted three things that need to be in place: 1) If we are going to come to an agreement with Lane County she feels we need to authorize the Mayor to have those discussions with the appropriate people. 2) We need to know how many signatures we would need for a County Charter amendment. 3) It needs to be determined if there a possibility for some kind of legal action against the County for not having a correct distribution ofthese funds. Councilor Fitch also indicated that if anyone has thought outside the box of something they need to do in the next 26 days to please bring that forward. Council consensus was to proceed with the three items. Councilor Ralston asked how much do we actually receive for every dollar ofta;x: collected from Springfield. Mr. Goodwin said standard distribution of gas tax money is 50% to the State, 24% to the County and 16% divided among the cities. Councilor Ralston asked what the share of tax collected in Springfield is that goes to the County. Mr. Goodwin said the total that Lane County receives is about $ 13M year. He does not have a breakdown of how much of that comes from Springfield. . There was discussion on what percentage of the population of Lane County is in Springfield. Springfield City Council Regular Session Minutes - May 19,2003 Page - 7 . Councilor Fitch acknowledged City Recorder Kim Krebs. Tonight is Ms. Krebs last meeting as she will be moving to the state of Washington. Council will miss her knowledge, expertise and wisdom in the City Manager's Office. BUSINESS FROM THE CITY MANAGER Acting City Manager Cynthia Pappas discussed the "Other Side of the Counter" meeting which included members of the development community and staff. Engineers, architects, landscape architects, homebuilders, and other developers attended and met with staff. Staff explained the fiscal environment, new regulations and fees Council is considering. Staff then listened for about an hour and a half regarding the citizens' concerns. Ms. Pappas.said staff will be getting back to this group with some solutions. BUSINESS FROM THE CITY ATTORNEY 1. An Ordinance Amending Section 5.600 et seq. "Civil Enforcement of Code Infractions" Specifically Section 5.604(1)( a) to Apply the Civil Infraction Procedure to Sections 4.060. 4.426.4.428. and 4.450 of the Springfield Municipal Code. . City Attorney Joe Leahy was present for the staff report. Adoption of this Ordinance would allow but not require that violations of the Springfield Municipal Code Sections 4.060 "Public Nuisance", 4.426 and 4.428 "Deposit Upon Public or Private Property of Objectionable Waste", and Section 4.450 prohibiting the commission of any act which threatens, impairs, or is dangerous to public health and sanitation or which hampers the city in the promotion and maintenance of public health and sanitation be subject to enforcement action pursuant to the Infraction Procedure prescribed by under 5.626 of the Springfield Municipal Code. The Civil Infraction procedure is intended to encourage voluntary compliance with certain Municipal Ordinances and Municipal Code Sections through inspection, notification, and where appropriate the granting of reasonable compliance times and in those cases where voluntary compliance is not obtained or when the granting of time is not appropriate, establishes and implements a civil action procedure and schedule forfeitures for the violation of certain ordinances. This Civil Action procedure may include warning, citation, forfeiture, and hearing in Springfield Municipal Court. Mr. Leahy said there is no financial impact. This is a housekeeping item only and provides the citizens of the City with another tool to obtain compliance. It may result in some increase in the use of the Municipal Court. . ORDINANCE NO.1 - AN ORDINANCE AMENDING SECTION 5.600 ET SEO. "CIVIL ENFORCEMENT OF CODE INFRACTIONS" SPECIFICALLY SECTION 5.604(1 )(A) "APPLICATION AND AMENDMENT" OF THE SPRINGFIELD MUNICIPAL CODE TO APPLY THE CIVIL INFRACTION PROCEDURE DESCRIBED BY SECTIONS 5.600 THROUGH SECTION 5.626 OF THE SPRINGFIELD MUNICIPAL CODE TO THE FOLLOWING ADDITIONAL LAWS OF THE CITY: SECTION 4.060 "PUBLIC NUISANCE"; SECTION 4.426 "DEPOSIT ON PROPERTY"; SECTION 4.428 "DEPOSIT OF REFUSE UPON PROPERTY OF ANOTHER OR UPON PUBLIC PROPERTY"; SECTION 4.450 "PUBLIC HEALTH AND SANITATION" OF THE SPRINGFIELD MUNICIPAL CODE. Springfield City Council Regular Session Minutes - May 19,2003 Page - 8 . NO ACTION WAS TAKEN. THIS WAS A FIRST READING ONLY. 2. Ordinance Amending Section 5.600 et seq. "Civil Enforcement of Code Infractions" Specifically Section 5.604(1 )(A) "Application and Amendment" of the Springfield Municipal Code to Apply the Civil Infraction Procedure to "Grading" Section 8.300 Through 8.338 of the Springfield Municipal Code. City Attorney Joe Leahy was present for the staff report on this issue. Adoption of this Ordinance would allow but not require that violations ofthe City of Springfield Municipal Code Sections 8.300-8.338 which provides specific rules and regulations to control excavating, grading, and earthworks construction, including fills and embankments, and establishes an administrative procedure for issuance of permits and the safeguarding of persons and properties against unreasonable hazard resulting from uncontrolled grading and excavation be subject to enforcement action handled pursuant to the Civil Infraction Procedure prescribed by Section 5.600-5.626 of the Springfield Municipal Code. The Civil Infraction procedure is intended to encourage voluntary compliance with certain Municipal Ordinances and municipal Code Sections through inspection, notification, and where appropriate the granting of reasonable compliance times and time is not appropriate, establishes and implements a civil action procedure and schedule forfeitures for the violation of certain ordinances. This Civil Action procedure may include warning, citation, forfeiture, and hearing in Springfield Municipal Court. . Adoption of this Ordinance would provide the City with the opportunity or the mechanism to utilize the Civil Infraction procedure for violations of the grading sections 8.300-8.338 of the Springfield Municipal Code. Mr. Leahy said there is no financial impact. This is a housekeeping item only and provides the citizens of the City with another tool to obtain compliance. It may result in some increase in the use of the Municipal Court. ORDINANCE NO.2 - AN ORDINANCE AMENDING SECTION 5.600 ET SEO. "CIVIL ENFORCEMENT OF CODE INFRACTIONS" SPECIFICALLY SECTION 5.604(1)(A) "APPLICATION AND AMENDMENT" OF THE SPRINGFIELD MUNICIPAL CODE TO APPLY THE CIVIL INFRACTION PROCEDURE DESCRIBED BY SECTIONS 5.600 THROUGH SECTION 5.626 OF THE SPRINGFIELD MUNICIPAL CODE TO THE FOLLOWING ADDITIONAL LAW OF THE CITY: "GRADING" SECTION 8.300 THROUGH 8.338 OF THE SPRINGFIELD MUNICIPAL CODE. NO ACTION WAS TAKEN. THIS WAS A FIRST READING ONLY. 3. Ordinance Amending Section 5.600 et seq. "Civil Enforcement of Code Infractions" Specifically Section S.604(1)(a) to Apply the Civil Infraction Procedure to Section 17.070 of the Springfield Development Code. . City Attorney Joe Leahy was present for the staff report on this issue. Adoption of this Ordinance would allow but not require that violations of Section 17.070 of the Springfield Development Code "Standards for Hazardous Material Within Time of Travel Zone" be subject to enforcement Springfield City Council Regular Session Minutes - May 19,2003 Page - 9 . action pursuant to Civil Infraction Procedure prescribed by Section 5.600-5.626 of the Springfield Municipal Code. The Drinking Water Overlay District and the time and Travel Zones established by that District established procedures and standards for the use of hazardous materials within the City of Springfield for the purpose of protecting the City's drinking water. The Civil Infraction procedure is intended to encourage voluntary compliance with certain Municipal Ordinances and Municipal Code Sections through inspection, notification, and where appropriate the granting of reasonable compliance times and in those cases where voluntary compliance is not obtained or when the granting of time in not appropriate, establishes and implements a civil action procedure and schedule forfeitures for the violation of certain ordinance. This Civil Action procedure may include warning, citation, forfeiture, and hearing in Springfield Municipal Court. Mr. Leahy said there is no financial impact. This is a housekeeping item only and provides the citizens of the City with another tool to obtain compliance. It may result in some increase in the use of the Municipal Court. . ORDINANCE NO.3 - AN ORDINANCE AMENDING SECTION 5.600 ET SEO. "CIVIL ENFORCEMENT OF CODE INFRACTIONS" SPECIFICALLY SECTION 5.604(1 )(A) "APPLICATION AND AMENDMENT" OF THE SPRINGFIELD MUNICIPAL CODE TO APPLY THE CIVIL INFRACTION PROCEDURE DESCRIBED BY SECTIONS 5.600 THROUGH SECTION 5.626 OF THE SPRINGFIELD MUNICIPAL CODE TO THE FOLLOWING ADDITIONAL LAW OF THE CITY: "STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF TRAVEL ZONES" SECTION 17.070 OF THE SPRINGFIELD DEVELOPMENT CODE. City Attorney Joe Leahy acknowledged Water Resource Coordinator Chuck Gotfried who was instrumental in bringing these ordinances to the Council. The sections of the code listed in these ordinances are very similar to other sections of codes that the infraction ordinance does apply to. In the past these ordinances have been enforced through letters, through the possibility of going to Lane County Circuit Court and obtaining injunction or they have used other sections of codes to enforce. This gives us more tools to address violations of the codes. NO ACTION WAS TAKEN. THIS WAS A FIRST READING ONLY. Mr. Leahy spoke regarding an article about the settlement of two cases in Springfield involving the Police Department. These were settled by the insurance company and the attorney for the insurance company. There was a quote in the Register Guard stating something to the effect that the reason these were settled by the attorney for the insurance company was due to the absence of the City Risk Management officer. This quote was incorrect. ADJOURNMENT The meeting was adjourned at .7:54 p.m. Minutes Recorder Amy Sowa . Springfield City Council Regular Session Minutes - May 19,2003 Page -10 C' . Attest: Ov~.~ City Recorder . . "