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HomeMy WebLinkAbout06/02/2003 Regular . . . .' ; , . MINUTES OF THE REGULAR Mf;ETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 2, 2003 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, June 2,2003 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 City Manager Mike Kelly, Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, Acting City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. Mayor Leiken recognized City Manager Mike Kelly for 35 years of service with the City of Springfield. He read several letters to Mr. Kelly from well-wishers and noted Mr. Kelly's service to Springfield. Mr. Kelly thanked everyone for their kindness. He said he has truly enjoyed living in Springfield, raising their family here and making it their home. He appreciates the Councilors here today and the Councilors of the past. Councilor Burge said he appreciates and respects Mike Kelly and all he has done for the City. He said Mr. Kelly is always available to help. Councilor Ballew said she also appreciates Mr. Kelly. He is very professional and cares about the City. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM NUMBER 5 A. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. February 24,2003 - Work Session b. February 24, 2003 - Regular Session c. May 5, 2003 - Work Session d. May 12,2003 - Work Session e. May 19,2003 - Work Session f. May 19,2003 - Regular Session . . . , . Springfield City Council Regular Session Minutes - Page - 2 3. Resolutions a. RESOLUTION NO. 03-25 - A RESOLUTION OF INTENT TO CONSTRUCT "I" STREET FROM KELLY BOULEVARD TO ALLEY BETWEEN WATER & MILL STREET AND VICINITY. b. RESOLUTION NO. 03-26 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30246 DOMOMARITA SUBDIVISION. WEST OLYMPIC STREET TAX LOTS 2200.2202.2500.2600 AND 2101. c. RESOLUTION NO. 03-27 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30331 MESSINI COURT. BETWEEN 54TH AND 55TH STREETS SOUTH OF HIGHBANKS. TAX LOT 1700. 4. Ordinances a. ORDINANCE NO. 6052 - AN ORDINANCE AMENDING SECTION 5.600 ET SEQ. "CIVIL ENFORCEMENT OF CODE INFRACTIONS" SPECIFICALLY SECTION S.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. b. ORDINANCE NO. 6053 - AN 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 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. c. ORDINANCE NO. 6054 - AN 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 DESCRIBED BY SECTION 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. 5. Other Routine Matters b. Approve the Renewal of Eugene-Springfield Consortium Agreement to Continue Participation in HUD's Home Investment Partnership Program (HOME). . . . . ' Springfield City Council Regular Session Minutes Page - 3 c. Approval of the Agreement Continuing the Designation ofthe Chair of the Board of Commissioners of Lane County as the Chief Elected Official Implementing the Work Force Investment Act of 1998. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Other Routine Matters a. Approval of Springfield's Standard Construction Specifications and Drawings. City Attorney Joe Leahy said that because Council was approving this document, he drafted a resolution. RESOLUTION 03-28: A RESOLUTION APPROVING REVISIONS TO THE CITY OF SPRINGFIELD'S STANDARD CONSTRUCTION SPECIFICATIONS, TABLE OF CONTENTS, AND STANDARD DRAWINGS 2-1, 2-2, 3-1, 3-2, 3-3, 3-4, 3-5, 3-6, 3-7, 3-8, 3- 9,3-12,3-13,3-14,-3-15,3-16,3-17,3-18,3-19, 3-20, 3-21,3-22,3-23,3-24, 3-25,3-26, 3-27, 3-28,3-29, AND 3-30. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPROVE RESOLUTION NO. 03-28. THE MOTION PASSED WITH 6 FOR AND 0 AGAINST. PUBLIC HEARINGS 1. Supplemental Bud~et Resolution RESOLUTION NO. 03-29 - A RESOLUTION ADJUSTING RESOURCES AND REOUIREMENTS IN THE GENERAL FUND; STREET FUND; SPECIAL REVENUE FUND: TRANSIENT ROOM TAX FUND; RIVERBEND DEVELOPMENT FUND; BANCROFT REDEMPTION FUND; DEVELOPMENT ASSESSMENT CAPITAL FUND; DEVELOPMENT PROJECTS FUND; TRANSPORTATION SDC FUND; SEWER SDC FUND; SEWER OPERATIONS FUND; REGIONAL W ASTEW A TER FUND: EMERGENCY MEDICAL SERVICES FUND; BOOTH-KELLY FUND; INSURANCE FUND; AND VEHICLE AND EQUIPMENT FUND. Finance Director Bob Duey was present for the staff report. At various times during 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. These adjustments to resources and requirements which change the current budget are processed through supplemental budget requests that the Finance Department schedules on an annual basis. This is the last of four scheduled FY03 supplemental requests to come before Council. The supplemental budget being presented includes: recognizing new revenues and reflecting additional resources; adding FTE and adjusting expenditure authority for department operating, capital projects and non departmental accounts (debt service, transfers to other funds and reserves), including the establishment of the Riverbend Development Fund and costs to be incurred on or before June 30, 2003. . . . . . Springfield City Council Regular Session Minutes - Page - 4 Mr. Duey said the large number of changes are due in part because the budget was created about 18 months ago, and there have been changes. He said they try to get everything in order for the end of the year. The other point is that they changed their appropriation methodology this year. He discussed the Riverbend Development Fund. The overall financial impact of the Supplemental Budget Resolution is to increase total appropriations by $577,490, to increase total City FTE by 7.0 FTE, and to recognize the establishment of the Riverbend Development Fund. Councilor Ballew asked about money coming from reserves and if that was anticipated. Mr. Duey said it was anticipated. There will still be some fine tuning. Mayor Leiken opened the Public Hearing. No one appeared to speak. Mayor Leiken closed the Public Hearing IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-29. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Adoption of the Report ofthe City Engineer for Project P20322. Sewer and Drainage Improvements in Laura Street From 300 Feet North of Lindale Drive to the South 1170 Feet and Vicinity and Declaring an Emergency. ORDINANCE NO. 6055 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR PROJECT P20322. SEWER AND DRAINAGE IMPROVEMENTS IN LAURA STREET FROM 300 FEET NORTH OF LIND ALE DRIVE TO THE SOUTH 1170 FEET AND VICINITY AND DECLARING AN EMERGENCY. City Engineer AI Peroutka was present for the staff report on this issue. Adoption of the Engineer's Report is the second step in the improvement process. A hearing must be held prior to adoption of the Engineer's Report and solicitation of bids for the subject project. This project was initiated by Council on December, 2, 2002 under the waiver petition process. A meeting with the affected property owners (two developers) was held to review the project design, property owner costs, and construction schedule. The owners are anxious for the completion of the construction which will allow their developments to move forward. Project funding is budgeted in both the FY 02/03 and FY 03/04 budgets in the Development Assessment Fund, the Sewer Fund and the System Development Charge Fund. The owners seem happy with what staff is doing and the formula they have used. Staff recommends they go forward. Councilor Ballew asked about the $144,000 the City is giving for this project. Will the cost for future annexations be somewhat lowered? Springfield City Council Regular Session Minutes - Page - 5 . Mr. Peroutka said there will be an in lieu of assessment fee for sanitary sewer, but not for the storm sewer systems. Typically with a drainage system it would be part of a road improvement cost. Councilor Ballew said that may be something for staff to look at as our budget gets tighter, especially with increased storm water treatment costs in the future. Councilor Woodrow asked why they are declaring an emergency. Mr. Peroutka said so we can get going in time to mesh with the developers' schedules. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT ORDINANCE NO. 6055 AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Proposed Resolution Setting Local and Regional Sewer User Fees. . RESOLUTION NO. 03-30 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL SETTING LOCAL AND REGIONAL SEWER CHARGES AS SET FORTH IN THE SPRINGFIELD MUNICIPAL CODE. Environmental Services Supervisor Gary Colwell was present for the staff report. He said that current Springfield sewer and storm drainage user fee rates will not produce sufficient revenue to fully fund the proposed FY 03/04 budget. New local sewer user fees should be considered and included in the City's rate schedule for sewer user fees and adopted by resolution of the City Council. Additionally, the Metropolitan Wastewater Management Commission (MWMC) has adopted a new Regional sewer user fee schedule for FY 03/04, and has forwarded it to Springfield and Eugene for inclusion in the respective local rate schedules pursuant to section 8(c) of the MWMC intergovernmental agreement. The Council reviewed FY 03/04 local and regional sewer and local drainage fee alternatives at the March 10,2003 Work Session. Council consensus direction was to increase local sanitary sewer rates by 4%, hold residential drainage rates at the current level and increase commercial/industrial drainage rates by up to 42%. The Council was also advised of the Metropolitan Wastewater Management Commission's adoption of a 6.5% increase in the regional sanitary sewer rate. An open house to discuss proposed user fees with sanitary sewer and storm drainage users was scheduled for May 28,2003,5:00 pm to 6:30pm in the Springfield City Hall Library Meeting Room. Mr. Colwell said no citizens attended this open house. Councilor Woodrow said he thought this was scheduled for a Work Session on May 5. . Mr. Colwell said it was on the Work Session March 10, and was pulled inadvertently with an SDC item from the Regular Session on May 5. Springfield City Council Regular Session Minutes - Page - 6 . Councilor Woodrow noted that he pays more for storm drain fees than for water he uses. It bothers him to pay those fees and he does not like the fact it is increasing. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-30. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST. 4. Annexation of Territory to the City of Springfield and Extraterritorial Sanitary Sewer Extension (Journal Number LRP2003-00010) RESOLUTION NO. 03-31 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REOUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVES THE ANNEXATION AND EXTRATERRITORIAL SANITARY SEWER EXTENSION. . Planner Sarah Summers was present for the staff report. She said the applicant and owner, Shamrock Village Investors, has requested annexation of 16.05 acres of property located on Franklin Blvd., in Glenwood. Currently, the Park is served by a septic system which is due for permit renewal by DEQ. Since the Park is legally and physically able to connect to the City sanitary system, DEQ will not renew the septic permit. The City Council is authorized by ORS 199.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory to be annexed and the owners of more than half of the land to be annexed. Consent from the property owner has been given, and the applicant has provided evidence that 51 percent of the registered voters support the annexation. The 4 tax lots in Glenwood contain Shamrock Village Mobile Home Park. The properties are within the UGB but are not adjacent to the Springfield City Limits except along the Willamette River. The City can ensure a minimum range of urban services including but not limited to police, fIre protection, library, parks and recreation, and schools. The Springfield Utility Board (SUB) currently serves the properties with electric and water. Public storm sewers are not available, but the park has its own storm water collection system. Sanitary sewer can be supplied to the site with an extraterritorial extension of a sewer line. The owner is requesting that the park annex into the City and hook up to the public sewer system. The septic system is currently due for renewal of the permit from the Department of Environmental Quality (DEQ). DEQ will not issue a new permit because Oregon Rules and Statute prevents the issuance if a sanitary sewer is legally and physically available. The City Council Resolution will be forwarded to the Lane County Local Government Boundary Commission. Councilor Ballew asked how much it will cost the City and how much does the property owner pay. . Ms. Summers said the property owner will extend the sewer out to 19th Street. . . . .' Springfield City Council Regular Session Minutes. Page - 7 Mr. Peroutka said the proposal is to run a force main across Franklin Blvd. and through some property the applicant owns to our pump station at 19th Street. This will all be paid for by the property owner. The property owner will also pay a System Development Charge (SDC) at the time of hook-up. There is no cost to the City for hook-up. Councilor Burge asked if there would be any cost for the City regarding this annexation. Mr. Kelly said once an area is annexed, it would give these people access to Library, road maintenance, etc. which they would now pay taxes for. We normally don't make money on residential property. Discussion was held regarding whether or not it was personal property or real property, and if it would generate tax revenue to the City. Councilor Fitch said in good faith when the City gained Glenwood, we offered to let people annex as they could. She feels we need to take care ofthese citizens. Councilor Burge asked ifthis would remain a trailer park under the refinement plan. Ms. Summers said that Springfield's refinement plan allows them to remain a trailer park. " Councilor Woodrow confirmed this would be an island in Glenwood. He asked ifthey would be paying the new annexation fees that were recently enacted. Planning Supervisor Mel Oberst said they will not pay new fees because they applied before the new fees went into affect. Ms. Summers said there are a great deal of island annexations in Glenwood. Mr. Kelly said that is how it will be for some time. The City will be asked to be flexible in these cases, but it is Council's decision. There was discussion on the services currently provided in that area. Councilor Burge suggested when staff brings forth applications for annexation in the future, that they include the assessed value for Council's consideration. Councilor Ballew said she is not a fan of island annexation, but Glenwood is a special place and there are special circumstances. She said it seems that piece-mealing may be more expensive and asked if there could be some sort of plan or estimate of when annexation could occur. Mr. Kelly said we did look at the service plan for Glenwood for the jurisdiction study and staff can look at that again. He said they could refine that plan and involve citizens to see who is interested. Many residents may not be in favor of annexation. Councilor Fitch suggested that as we look at plans, we do an outreach to Glenwood citizens and provide informational meeting and timelines. She feels that ifthey have the information and education they need, they might come together as a group. Springfield City Council Regular Session Minutes - Page - 8 . Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. / IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-31. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Curtiss Greer, 357 55th Street, Springfield. Mr. Greer came forward to say that he and many other are concerned about the idea of being a copy cat with Eugene. He noted four examples: 1) Crime status based on rates, 2) Gas tax, 3) Utility tax, 4) Renaming of streets. Do we want to create this in Springfield? Why create a private committee to do this? In the interest of the City, why not honor someone who has served all of the people, not just a chosen group. . 2. Diane Cowger, 1714 Main St, Springfield, OR. Ms. Cowger and her business partner are here to ask approval for a noise permit. They have owned a bar on 17th and Main in Springfield for 4 years and would like to host an event. Their clientele are a very responsible group of bikers. The event is scheduled on June 14 and would be a Biker Bash and Barbeque. They have applied for and received all of the necessary permits, except for the noise permit. She explained the event, noting there would be speakers playing music to the outside and a fenced area for clientele to gather for the barbeque and beer garden. She noted that she and her partner have cleaned the place up and like to do things properly. They have received Fire Marshall approval and Police approval. Councilor Ballew asked what hours the event would take place and how close they are to residential area. Ms. Cowger said they are in a mixed use residential and business. She said the biggest complaint from the residential neighbors is the noise of the motorcycles. She has gone personally to talk to the neighbors about this event. They will operate from Noon-8:00pm outside. After 8:00pm they would have everything inside and it would be business as usual. Councilor Burge asked if this is the first annual event. Ms. Cowger said it was. She noted that her biker clientele are very responsible. Police Chief Jerry Smith discussed the process of gaining noise permits. By ordinance noise permits are required. Council has delegated authority to Chief Smith to issue noise permits. Because ofthe proximity to residents, he denied their request, but suggested they come before Council. He noted that Police has not approved anything at this time. To his knowledge OLCC has not yet given their approval. He just received an application from OLCC today regarding this event. . Discussion was held regarding Council giving approval and conditions attached to that approval. Police could circumvent the council's decision by closing it down. They also discussed a bond or other expense passed to the applicants if police were required to come in on overtime. .' Springfield City Council Regular Session Minutes - Page - 9 . Councilor Ralston feels that as long as they have proper permits and understand that if they receive any major complaints they would be shut down immediately, that approval with conditions would be satisfactory. He said he would also like to consider a bond that the applicant could get back if nothing happens. Councilor Fitch asked about the other activities and if they were appropriate for children to view who reside near this establishment. Discussion was held regarding OLCC regulations. Mr. Kelly said the Council makes recommendations to OLCC which they take into consideration when reissuing their license. Some of the issues Council will look at include 1) Has that place of business been a problem to community?, 2) Have they had a large number of police call outs, etc.? That is of a concern to the business owners, because they know it could greatly impact their application with OLCC next year. He said a bond requirement can be set. Mr. Leahy said Mr. Kelly is correct regarding the OLCC license process and the affect it has to the ,owner. He also noted that if there are problems with this event, and they come to Council next year for a permit for a second annual event, they will not be reissued a permit. Mr. Leahy also noted that this application is only regarding noise. He read from the ordinance. Other activities are covered under other ordinances. . Mayor Leiken asked if Chief Smith could get a copy of a noise permit issued to Door Christian Fellowship on 38th and Main if there was such a permit. He would like to look at this permit and the conditions it has on it. He commends the applicants for coming forward for this permit. Councilor Burge does not have trouble with the date and time. He would like Police, City Attorney and City Manager to come up with conditions. Mr. Leahy asked if Council wanted those conditions to relate to the intensity of the noise, the duration of the noise, and some level of complaint from the neighborhood and requirement in' the event the police officer requests the music to stop, the music stops. Consensus from the Council is to approve the noise permit with conditions relating to those topics. 3. Gery VanderMeer, 2604 J Street, Springfield, OR. Mr. VanderMeer read excerpts from a book about the Oregon Trail which outlined the difficult conditions the pioneers faced coming to Oregon. He said these pioneers gave their lives and Centennial Boulevard was named to honor those who gave their lives. These pioneers were every race, every religion and every color. Please do not dishonor those brave pioneers by renaming their boulevard. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS . BIDS ". Springfield City Council Regular Session Minutes - Page - 10 . ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Planning Commission Appointments Planning Supervisor Mel Oberst was present for the staff report. Mr. Oberst said that there are two vacancies on the seven member Planning Commission. Tim Malloy has vacated his position as of May 6, 2003 to take a seat on the City council. Marilyn Phillips resigned her position on the Commission on April 1, 2003. The appointments for these positions are for 4-year terms. The terms ofthese positions expire on June 2, 2007. The city received four applications for these vacancies on the Planning Commission. At the May 27th work session the Council interviewed the candidates and chose to appoint David Cole and Gayle Decker. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPOINT DAVID COLE TO THE PLANNING COMMISSION TO SERVE A FOUR- YEAR TERM ENDING JUNE 2,2007. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPOINT GAYLE DECKER TO THE PLANNING COMMISSION TO SERVE A FOUR- YEAR TERM ENDING JUNE 2,2007. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports Councilor Ballew went to Salem with members of staff on Thursday, May 29. They met with Rep. Terry Beyer, Rep. Phil Barnhart and Senator Bill Morrisette. She noted that someone from the League of Oregon Cities (LOC) mentioned that Representative Terry Beyer has been instrumental in getting road fees taken care of. She said they discussed the three bills that would have a cost to the City. Councilor Ballew mentioned that she hoped councilors had a chance to go to the Garden Tour on Sunday, June 1. They did an excellent job: nice gardens, nice weekend. Mayor Leiken said he went to a leadership conference in Portland on Monday, May 27. At that conference was the unveiling of the transportation plan and discussion on how close we are getting on that plan. He also heard that Rep. Beyer has been key in maintenance funding. He said that OTIA III (Oregon Transportation Investment Act) could bring 5000 jobs to Oregon in next 10 years. . Councilor Burge asked Councilor Ballew to thank Rep. Beyer on behalf of the Council. Springfield City Council Regular Session Minutes - Page - 11 . b. Other Business Councilor Fitch said that she had lunch on May 30,2003 with John Musemeci, Larry Reed and Suzanne Arlie from Arlie and Co. She noted it was an exparte contact and would like to disclose that as part of the public record because they have a permit pending. She said they wanted to give her history on their past dealings with the City and some of their vision. She explained to them that she could not comment on anything that was in the process and had no knowledge of what they had dispensed. She was there to listen to what they wanted to share. She did not commit the Council or herself to anything. She wished them well and thanked them for their help with the Sports Center. Councilor Burge said he was also invited to have lunch with John Musemeci and Larry Reed from Arlie & Co on Wednesday, May 28,2003. He also told them he was not in a position to make comments or bring forward any theories. He said the pretext ofthe meeting was their interest in the Jasper Natron property which Councilor Burge is brokering. He said, however, that most of the conversation revolved around the City and their concerns about some of the decisions and treatment by City staff and their 12 acres at Riverbend. Councilor Malloy went to the Eugene City Club luncheon. Senator Wyden was scheduled to speak, but was detained in Los Angeles, so his chief of staff gave the speech. The message was good: Senator Wyden is striving to bring business to Oregon and is pushing for nano-technology (microscopic robots). . Councilor Ralston proudly announced that his daughter is graduating with one of the 19th highest honors from Springfield High School. Councilor Ballew said her parents celebrated their 70th wedding anniversary on May 31 st. Councilor Burge noted that last week was his one year annive.rsary for stopping smoking and for his heart surgery. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY 1. Ballot Title - Initiative Petition Election on the Question of Whether Springfield Ordinance No. 6036 Which Authorizes the City to Impose a Transportation System Maintenance Fee Shall Be Repealed. City Attorney Joe Leahy was present for the staff report. Mr. Leahy said Council's discussion during their Work Session earlier this evening on this item included the following options: 1. Adoption of Initiative Ballot Measure - (i.e. Repeal Ordinance No. 6036), or 2. Referral ofInitiative Ballot Measure to Lane County Elections, and at the sole discretion ofthe Council referral of competing measure to the ballot at the same election where the initiative measure will appear. . A Prospective Initiative Petition was filed with the City Elections Officer on February 10, 2003, pursuant to ORS 250.265. The signatures were verified and certified by the Lane County Elections Division on May 16,2003. Springfield City Council Regular Session Minutes - Page - 12 . . Pursuant to ORS 250.325, (1) if an initiative petition contains the required number of verified signatures, the city elections officer shall file the initiated measure with the city governing body at its next meeting, (which is June 2,2003). (2) The governing body, not later than the 30th day after the measure is filed with it, (30th days is July 2, 2003) may adopt or reject the measure unless the measure is required to be submitted to city electors under the city charter or state law. If the measure is not adopted, or the measure is required to be submitted to city electors under the city charter or state law, it shall be submitted to city electors on the next available election date in ORS 2.230 held not sooner than the 90th day after the measure was filed with city governing body. (3) The governing body may refer a competing measure to city electors at the same election at which the initiative measure is submitted. If the governing body refers a competing measure to city electors, it must prepare the measure not later than the 30th day after the initiated measure is filed with it. The date of the election is the next available election date not sooner than the 90th day after the measure was filed with the city governing body after verification. Date of next available election is September 16,2003. The council must act within 30 days of its receipt (July 2, 2003). The last day to withdraw the Ballot Measure once it is filed with Lane County Elections is July 17,2003. At this time it is estimated that participation in the September 2003 election will cost $20,000 to $30,000. This amount could be lower if other jurisdictions place items on the September ballot. . ADJOURNMENT The meeting was adjourned at 8:14 p.m. " Minutes Recorder Amy Sowa ( Attest: Am~~ Acting City Recorder .