Loading...
HomeMy WebLinkAbout06/16/2003 Regular i. . . . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 16, 2003 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, June 16,2003 at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Woodrow, Burge, Ralston and Malloy. Also present were City Manager Mike Kelly, Acting Assistant City Manager Cynthia Pappas, City Mtorney Tim Harold, Acting City Recorder Amy Sowa and members of the staff. Absent: Councilor Fitch (excused) PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. Maintenance Supervisor Brian Conlon recognized all ofthose who helped to make this year's Spring Clean-up Event on May 10,2003, such a huge success. Mr. Conlon explained the program's history and purpose. This year's event included additional items that could be disposed of and recycled at no charge to citizens of Springfield. He recognized Shawn Krueger for his work in organizing this year's event. He recognized the following businesses for their assistance: BeeHive Rental/Rexius - Dennis Hoglund; Lane County Solid Waste Management; Sanipac - Manager John Hire; St. Vincent De Paul- Terry McDonnell; BRING Recycling; Lane County Master Recycling Program; Lane Forest Products - Steve Hoffman; Bucks Sanitary; Big "B" Tires; Schnitzer Steel. 2. Fire Chief Dennis Murphy acknowledged the Springfield Fire and Life Safety personnel who recently received a State Life Saving Award. Council had previously awarded the Silver Ben Franklin Lifesaving Award to these two fIrefighters. The State has now acknowledged their courage as well. Battalion Chief Dana Burwell and firefighter/Paramedic Michael Hundt received the Medal of Valor from the Oregon Fire Chiefs Association at a ceremony May 16,2003. Burwell and Hundt were recognized for their rescue of two small children trapped in a burning apartment January 27,2001. Both children survived with no permanent injuries. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO ADOPT THE CONSENT CALENDAR WITH ITEMS 5.H. AND 5.1. REMOVED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Claims a. Approve the May 2003 Disbursements for Approval. Springfield City Council . Regular Session Minutes - June 16,2003 Page - 2 . 2. Minutes a. March 10,2003 - Work Session Minutes b. March 10, 2003 - Regular Session Minutes c. May 5, 2003 - Regular Session Minutes d. May 27, 2003 - Work Session Minutes e. June 2,2003 - Work Session Minutes f. June 2, 2003 - Regular Session Minutes g. June 9, 2003 - Work Session Minutes 3. Resolutions a. RESOLUTION NO. 03-32 - A RESOLUTION TO ACCEPT PROJECT P20328 FROM EUGENE SAND AND GRAVEL IN THE AMOUNT OF $7.702.00. b. RESOLUTION NO. 03-33 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF SPRINGFIELD AND THE OREGON DEPARTMENT OF TRANSPORTATION RELATING TO THE TRANSFER OF JURISDICTION OF A PORTION OF SOUTH 42ND STREET. 4. Ordinances 5. Other Routine Matters . a. b. c. d. e. f. g. Approve Liquor License Endorsement for Jim's Landing, Located at 303 Main Street, Springfield, OR. Approve Liquor License Endorsement for Kona Cafe Hawaiian BBQ and Catering, Located at 4605 Main Street, Springfield, OR. Approve Liquor License Endorsement for Chalice Vineyards, LLC, Located at 840 Beltline Road, Springfield, OR. Approve Liquor License Endorsement for Clarion Hotel- Eugene/Springfield, Formerly the Doubletree Hotel, Located at 3280 Gateway Road, Springfield, OR. Approval of the Dedication of Right-of-Way for Olympic Street. Approve the FY2003-04 Contract for Legal Services with the City Attorney's Office, Harold, Leahy and Kieran. Authorize City Manager to Sign Ambulance Billing Software Purchase Contract. ITEMS REMOVED FROM THE CONSENT CALENDAR h. Authorize City Manager to Sign Extended Warranty and Preventative Maintenance Contract with Zoll Medical Corporation for Existing Cardiac Monitor/Defibrillators. City Attorney Tim Harold said because it is a sole source for this maintenance contract, Council needs to make a specific fmding that it is a sole source and that competition will not be diminished by exempting this from public bidding. . A MOTION WAS MADE BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO AUTHORIZE CITY MANAGER TO SIGN EXTENDED Springfield City Council . Regular Session Minutes - June 16, 2003 Page - 3 . WARRANTY AND PREVENTATIVE MAINTENANCE CONTRACT WITH ZOLL MEDICAL CORPORATION FOR EXISTING CARDIAC MONITOR! DEFffiRILLATORS AND APPROVE THIS AS A SOLE SOURCE AND MAKE A FINDING THAT COMPETITION IS NOT DIMINISHED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Authorize the City Manager to Execute the Payment in- Lieu-of- Taxes Agreement with the Springfield Utility Board. City Manager Mike Kelly said that Councilor Burge reminded him tonight that there was a missing inflation factor in this agreement. This item will be pulled tonight and will be brought back to Council for future consideration. PUBLIC HEARINGS 1. Vacation of Public Rights-of-Way: Lithia Toyota. Applicant Journal Number 2002-08-0254; Assessor's Map 17-03-35-42 Tax Lots: 6500. 6600. 6800. 6900. 7000. 7100. 7200. 7300. 8700. 8800. 8900. 9000. 9600. and 9800. . Planner Mark Metzger was present for the staff report. A public hearing on the proposed alley vacation was held before the Council on February 24,2003. Testimony was received at that hearing, as well as the staff report and a Planning Commission recommendation that the vacation request be denied. The Council chose to continue the hearing to June 16,2003. The continuance was intended to allow the applicant time to submit a site plan showing the intended development of the site. One of the primary issues discussed at the February 24 hearing concerned the applicant's need for the alley vacation in the absence of a site plan showing how proposed future development made one necessary. Staff met with Lithia representatives to discuss a course of action that would allow the proposed expansion ofthe dealership to move ahead. It was found that in addition to the site plan, an amendment to Article 40 - Mixed Use Development Zoning grandfathering the dealership into the list of permitted uses would also be needed, to allow expansion of the auto dealership. In the absence of a complete site plan and a Development Code amendment that would allow approval of the Lithia expansion, consideration of the alley vacation is premature. IT WAS MOVED BY COUNCaOR BALLEW WITH A SECOND BY COUNCaOR WOODROW TO CONTINUE THE PUBLIC HEARING FIRST HELD ON FEBRUARY 24,2003 FOR A PROPOSAL TO VACATE ALLEY RIGHTS-OF-WAY IN DOWNTOWN SPRINGFIELD UNTa SEPTEMBER 16, 2003, PENDING RECEIPT OF A COMPLETE SITE PLAN APPLICATION AND POSSffiLE MODIFICATION OF A PENDING AMENDMENT TO THE DEVELOPMENT CODE THAT WOULD FACaITATE APPROVAL OF DEALERSIDP EXPANSION. 2. Fiscal Year 2003/04 City Budget Adoption . RESOLUTION NO. 03-34 - A RESOLUTION ADOPTING THE FISCAL YEAR 2003/04 SPRINGFIELD CITY BUDGET, MAKING APPROPRIATIONS, LEVYING A PROPERTY TAX, AND APPROVING THE CITY OF SPRINGFIELD'S PARTICIPATION IN THE STATE REVENUE SHARING PROGRAM. Springfield City Council Regular Session Minutes - June 16, 2003 Page - 4 . Finance Director Bob Duey was present for the staff report. He said the City Council is requested to hold a public hearing on the Fiscal Year 2003/04 (FY04) Approved City Budget and approve a resolution to adopt the Fiscal Year 2003/04 City Budget, make appropriations, levy a property tax, and approve the City of Springfield's participation in the State Revenue Sharing Program. Mr. Duey outlined the changes the Budget Committee made to the proposed budget the City Manager had brought forward. They included: 1) The restoration of a partial D.A.R.E. program by putting one officer back into the budget at an approximate cost of $90,000; 2) A one time transfer of Bancroft Funds equal to the cost of a .25 FTE for the Museum Coordinator Position; 3) Increase in the Internal Services Budget in the City Manager's Office to restore partial funding for the IGA's the Council has with community organizations. He said the additional change they made which had no impact on the budget was the restoration of the Animal Control Program within the Police Department. Some of the service changes include the implementation of the Police Levy approved by the voters in November 2002; the implementation of the Fire Levy which also was approved by the voters in November 2002; reduction ofFTE in the D.A.R.E. program; and the loss ofthe two CSO's in the middle school which were grant funded (funds ran out this year). . Mr. Duey highlighted items that will be in the supplemental budget after the year begins. They include the Riverbend Project Fund. Staff is still negotiating the memorandum of understanding with PeaceHealth and should have a more complete FY04 budget at a later date. He said that we still have four open labor contracts this year which will all expire June 30, 2003. They have estimated in the budget what they think those contracts will settle for, but they are still waiting for those contracts to be ratified and for confirmation of benefits cost. The CDBG funding for Wildish Theater will not change, but there were contingencies placed on the Wildish Theater that it would be based on the approval that it was an approved project for downtown, but it did not qualify for funding. Therefore, those funds will remain in the reserve fund. He discussed remodel of Station Number 3 and the timeline for the additional staff for that station. Mayor Leiken asked about the funding for the CSO's in the middle schools. He would like to put this back to United Front for funding and discuss this with the new superintendent of Springfield Schools, Nancy Golden. He asked about animal control and where the animals will go. Police Chief Jerry Smith said we have a contract with Lane County and they have assured him they will accept dogs and certain cats. Councilor Ralston noted that the school district did put $50,000 back into their budget for a D.A.R.E. officer. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. . IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO ADOPT RESOLUTION NO. 03-34. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Springfield City Council Regular Session Minutes - June 16,2003 Page - 5 . 3. Annexation of Property (Williams) to the City of Springfield. Journal Number LRP 2003- 00003. RESOLUTION NO.4 - A RESOLUTION TO WITHOLD INITIATION AND SUPPORT OF THE ANNEXATION PETITION BY MR. STEVE WILLIAMS OF CERTAIN TERRITORIES TO THE CITY OF SPRINGFIELD TO THE LANE COUNTY GOVERNMENT BOUNDARY COMMISSION. Planner Linda Pauly was present for the staff report. The property owner of the subject territory has submitted a request to annex a 9.53 acres hillside site into the Springfield City Limits in order to develop property located south of Holly Street and Southeast of72nd Street. The property is within the City of Springfield's Urbanizable Fringe Overlay District. She referenced the map showing the topography of the property and why the key services cannot be provided. Springfield Development Code 6.030(2)(a) authorizes the City council to initiate annexation when the territory in the annexation proposal can be provided with the minimum level of key urban facilities and services, as defmed in Eugene-Springfield Metro Area General Plan Policy 8, page II-B-4. Among these key urban services are water, sewer, storm water facilities, streets electricity, parks, fIre/emergency services, schools, etc. . The annexation proposal was submitted to the Development Review Committee (DRC) for analysis. Substantive comment was received from Public Works, Fire and Life Safety, SUB, Lane Transit District and Police. These comments are summarized in the Informational Attachment (Attachment 3). In their review of the proposal, staff found that the annexation is not in conformance with Eugene-Springfield Metro Area General Plan Policy 8, page II-B-4 because several key urban services: storm drainage capacity, legal access to public streets and fire protection services are not available to serve the property in an efficient and timely manner. Since a minimum level of key urban services cannot be provided, staff recommends that the City Council withhold their initiation of and support for the annexation request at this time. Staff recommends that the Council adopt a resolution stating that the annexation is not in conformance with the Eugene-Springfield Metro Area General Plan. With Council initiation and support, this annexation request would be forwarded to the Lane County Local Government Boundary Commission. If a public hearing is requested on the annexation, it will be held on August 7, 2003. The applicant has failed to demonstrate that these and other key services can be provided to the area in an orderly and efficient manner. The owner may wish to consider submitting a modified proposal for a smaller annexation area to be served by existing streets and storm drainage systems. Mayor Leiken opened the public hearing. . 1. Michael Farthing. 767 Willamette St.. Ste 203. Eugene. OR. Mr. Farthing represents the applicants, Steve and Julie Williams. He said the purpose of this annexation is to prepare this site for future urban development. There is a short term goal of putting one or two dwellings there in the interim. He highlighted three points regarding the staff s denial. 1. All the annexation does is change lines on the map. It does not allow any construction or development, nor commit Springfield to extension of services at any particular time. It does allow for better planning and allows the Williams' to begin detailed planning for development of the property. It does change the zoning and it does increase the assessed value for the property. 2. He believes the staff overstates the criteria. Staff stated that the Springfield City Council Regular Session Minutes - June 16, 2003 Page - 6 . city must be able to serve the site with key urban services, but the criteria states a minimal level of key urban services can be'provided to the area in an orderly and efficient manner. The second criterion states that there will be a logical time when it can be served. 3. There is no downside to this annexation to the City. The applicants must still comply with regulations regarding hillside development, subdivision and other applicable development standards in regard to any development plans. He referenced three other annexations during the last year and their limitations. He read from the three recent annexations showing that current service was not available when the property was annexed. He discussed the findings on these annexations. He said the city does have a conceptual street plan for this area and storm sewers will be provided and sewers are in the area. He said they do not know when these services will be provided to their property. Mayor Leiken closed the public hearing. Councilor Ralston asked if there was a residence on the property now. Ms. Pauly said yes, there was a residence on the property. She identified the residence on the property. At the time the home was built, there was an error which allowed for them to be hooked up to city sewer. Staff will recommend that the applicant annex at the minimum the portion of the lot around that house. She said the City cannot provide services for the whole area that has been submitted for annexation. Councilor Burge said he does not believe the applicant is asking for services to be extended, jus to annex the property. . Ms. Pauly said the City needs to provide those services in a timely manner. Mr. Kelly said as he understands the Boundary Commission is asking for a reasonable amount of time services will be provided. It is usually within 3-5 years and staff uses that criterion internally. It is council's decision. Ms. Pauly referenced the conceptual map showing that the proposed streets for the future will be coming into that area from the east, 79th Street. Staff does not feel those streets will go through soon. Councilor Burge asked if the applicant could build on the site until services are available. Planning Supervisor Greg Mott said that is correct. In order for the applicant to develop once it is inside city limits, they would need to have services. He said that if the owner wanted to create a single lot they could do that by extending through taps if accessible. If they wanted to subdivide the property, it would have to have all services. One of the features of property that is annexed to the City is an obligation by the City to allow for development or the City faces a moratorium. Without knowing their plan it is difficult to project. Mr. Mott is not aware of a policy stating that a property annexed into the city would be serviced in 3-5 years. He referenced a past policy that is no longer in affect regarding delayed affect. Councilor Burge asked Mr. Mott ifhe thought the City would be at fault going forward with this annexation. . Mr. Mott felt he didn't know enough of the facts to give an answer to that question. Springfield City Council Regular Session Minutes - June 16, 2003 Page - 7 . Traffic Engineer Brian Barnett pointed out the access point to this property. Discussion was held regarding the access and the indications if the City approves annexation. They also discussed nearby properties that have already been annexed into the City. Councilor Burge suggested they put this on the back burner and have the applicant discuss this with adjacent owners to the north. He asked staff to look at the contour of the property regarding drainage and bring back to council the list of conditions attached to the annexation of the adjacent property. He would like to revisit this in 30 to 60 days. Councilor Ballew asked if we could put this on the back burner. Ms. Pauly said that the development code states that if an annexation application is denied, no new application for this same development shall be filed within one year of a previous denial unless the approval authority, for good cause, grants permission. Councilor Burge asked if instead of denying it tonight, the applicant's legal counsel would make a request for an extension of 60 days and bring it back to council when they return after recess. Discussion was held regarding the timeline to have a decision made and forwarded on to the Boundary Commission. , . The applicant's attorney requested 60 days extension on the application to be brought back when Council returns from recess on Monday, September 15,2003. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR BURGE TO DELAY VOTING ON THE ANNEXATION APPLICATION FROM MR. STEVE WILLIAMS UNTIL SEPTEMBER 15, 2003. 4. Request for an East Main Refinement Plan Diagram Amendment from Low Density Residential to Mixed Use for Applicant. Umpqua Band (Journal Number LRP2002-12429). ORDINANCE NO.1 - AN ORDINANCE AMENDING THE EAST MAIN REFINEMENT PLAN DIAGRAM AND PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MIXED USE FOR PROPERTY KNOWN AS ASSESSOR MAP NUMBER 17-02-33- 34. TAX LOT 100. SOUTH OF SOUTH 52ND PLACE AND MAIN STREET. IN THE CITY OF SPRINGFIELD. (FIRST READING). Mayor Leiken declared a conflict of interest because he is a shareholder in the company which has brought forth this request. Councilor Woodrow also recused himself from this discussion because of a potential conflict of interest. . Planner Sarah Summers was present for the staff report. She said the subject site is currently vacant, owned by Umpqua Bank, who owns the surrounding tax lots to the north and east. North of the subject site, the property is developed by Umpqua Bank (formerly McKenzie State Bank), Springfield City Council Regular Session Minutes - June 16, 2003 Page - 8 . and to the northeast by Farmer's Insurance. East of the subject property, the owners recently received tentative site plan approval for a 7,000 square foot medical office building. She said the applicant had originally requested a Refinement Plan Amendment to Commercial. However, staff's evaluation for the criteria of approval contained in DC Article 8 for Refinement Plan Amendments, the East Main Refinement Plan for redesignation to Commercial, and the fact that the surrounding properties to the north and east are designated Mixed Use in the East Main Refinement Plan, led to a staff recommendation to redesignate the property to Mixed Use. The applicant is amenable to the recommended change to Mixed Use. The Planning Commission concurs with Staff's recommendation, with the following conditions: Condition 1: In order to minimize the impact of the development on the adjacent local street and neighboring properties, at the time of development, no direct access from South 52nd Street shall be taken from the subject tax lot, Tax Lot 100. Condition 2: Upon the time of development, in order to adequately buffer the adjacent Low Density Residential development to the south of the subject property, the applicant shall provide a masonry wall along the southerly property line of Tax Lot 100. Along the westerly property line, the applicant shall provide adequate landscaped screening, to be determined at the time of Site Plan Review. . Councilor Burge asked about the second condition regarding the masonry wall. He said the proposed building is not contiguous to that wall. He asked why it wasn't a condition to build the wall to the east. Ms. Summers noted the reason for the north wall. These are recommendations from the Planning Commission and she believes the applicant will ask for the wall to be built on the east side. Councilor Burge asked if staff had a problem with delaying the consideration until an application for a building is received and Ms. Summers said they do not. Councilor Malloy asked why we did not want to give access off of S. 52nd Street. He feels that turning off from Main Street would cause more stop and go traffic. \ Ms. Summers explained that it had to do with traffic impact studies by Branch Engineering. After our Traffic Engineer reviewed the report, it was determined that there would be no impact on S. 52nd Place or Main Street. The Planning Commission thought differently. Ms. Summers said that staff does not have a problem with access off of South 52nd Place. She said Council can put on conditions. Councilor Ballew opened the public hearing. . 1. Dave Peterson. P.O. Box 10543, Eugene, OR. Mr. Peterson is a planning consultant representing the applicant, Umpqua Bank. He said they are generally supporting the recommendation of the Planning Commission with respect to the two conditions. The applicant does not care for the exception of not being able to use the access from S. 52nd Place. They are especially unhappy, however, with the screening condition. It is very unusual to have specific site development conditions attached to an application for a plan amendment. He said they did not have opportunity to speak before the Planning Springfield City Council Regular Session Minutes - June 16, 2003 Page - 9 . Commission. They support screening, but they do not like using mason walls. Mr. Peterson said the applicant also has a problem that the landscape screening is determined along the westerly property line, which is the street line. That condition tends to specify screening that is inappropriate. With those two reservations they support the recommendation. Transportation Planning Engineer Gary McKenney addressed the traffic issue. He noted the property only has frontage on S. 52nd Street. He believes that the Planning Commission may have wanted this property to use the easement beside the bank. S. 52nd Place is the only public street that has access to this property. He would support the applicant using S. 52nd Street for access if they have no other access. Councilor Ballew closed the public hearing. NO ACTION TAKEN. THIS WAS A FIRST READING ONLY. 2. Vacation of Public Right of Way (Assessor's Map 17-02-35-32) Jo. No. LRP2003-00005. ORDINANCE NO.2 - AN ORDINANCE VACATING A PORTION OF 69TII STREET IN THE CITY OF SPRINGFIELD. LANE COUNTY OREGON. (FIRST READING). Planner Sarah Summers was present for the staff report. The Springfield Public Works Department is requesting vacation of a portion of 69th Street to be returned to the owners of tax lots 5307 and 5317 on Assessor's Map 17-02-35-32. . The applicant, Springfield Public Works Department, is requesting a vacation. The subject right- of-way consists of the old 69th Street right-of-way between Main Street and A Street that was made redundant with the realignment of 69th Street. When the ODOT 69th Street realignment project was completed, it was determined that the subject section of 69th Street was no longer needed. Two properties (Tax Map 17-02-35-32, Tax Lots 5307 and 5317) are adjacent to the subject right-of-way. TL 5317, which is a Dari Mart, takes access from Main Street and TL 5307, which belongs to Kenneth Harwell, takes access from A Street. The vacated right-of-way is to be returned to the private ownerships of Mr. Harwell and Dari Mart. Utilities in the vacated area will be protected through the ordinance. The Springfield Planning Commission held a public hearing on May 20, 2003 and has recommended that the City Council approve the proposed vacation. Ms. Summers noted that the City made an agreement in 1998 when the 69th Street project was beginning to give the property back to the property owner. Councilor Ballew asked about selling rights-of-way instead of vacating them. She said the public did not receive anything for this and she feels as the City tries to stay within budget constraints, it may be something to look at as a way of recouping some costs. She thought other communities did this. City Attorney Tim Harold said the only jurisdiction that does that in Oregon is Eugene and only under certain conditions. . Councilor Malloy asked who paid for the improved driveway and landscaping for the homeowner on 69th and A Street when 69th Street was realigned. Springfield City Council Regular Session Minutes - June 16,2003 Page -10 . Public Works Director Dan Brown said it was ODOT money. The City applied through STIP for funds to create that new intersection. This project was started because of the Thurston Neighborhood Association submitting a petition to council asking the City to get ODOT to put in a stop light at that intersection. Mayor Leiken opened the public hearing. Noone appeared to speak. Mayor Leiken closed the public hearing. NO ACTION WAS TAKEN. THIS WAS A FffiST READING ONLY. 3. Liquor License Endorsements for the Renewal Period of 2003-2004. Community Services Manager Dave Puent was present for the staff report. He said the attached list of 125 businesses will likely be applying to the Development Services Department for their 2003-2004 liquor license endorsements prior to June 30, 2003. On December 19, 1994, Council approved Ordinance No. 5768 that established specific criteria to be used when reviewing an application for a liquor license endorsement. Council may recommend denial based upon reliable, factual information as it relates to any of the criteria listed in Section 7 .2302 o~ithe Springfield Municipal Code. . Some of the required information for liquor license renewal, i.e., ownership of the establishment, cannot be determined until staff receives the actual application. However, some determination about meeting the listed criteria can be made now since the criteria relates to the level of police activity associated with the establishment. The public hearing this evening is scheduled for Council to receive community testimony relative to the liquor license renewal endorsement. At the conclusion of the public hearing, Council will be requested to provide one of the following recommendations to the Oregon Liquor Control Commission (OLCC) for the license renewal of the listed establishments: 1. Grant; 2. No Recommendation; 3. Do Not Grant Unless (applicant demonstrates commitment to overcome listed concerns); or 4. Deny. Councilor Burge asked Chief Smith ifhe had a ball park of what it costs the community for a service call such as the calls made to these types of establishments. He referenced the police report included in the agenda packet. Chief Smith said he would have to tally each call. It would depend on the time spent by the officers on each call and would be difficult to give an average. Councilor Burge asked if we should consider a charge to establishments that have an OLCC license to compensate the City for the calls to police. He would like to know about how much that cost might be. . Councilor Malloy would also like to know which establishments are the top 20 in generating those police calls. Springfield City Council Regular Session Minutes - June 16, 2003 Page - 11 . Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO RECOMMEND APPROVAL OF ANNUAL LIQUOR LICENSE ENDORSEMENTS FOR THE RENEWAL PERIOD OF 2003-2004 AS PRESENTED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Mr. Roy Gray, P.O. Box 117, Walterville, Oregon, Regarding Property Considered for Natural Resource Study Designation. [Please see attached staff report.] . 2. Correspondence from Jack Roberts, Executive Director and John B. Arnold, President, Board of Directors, Lane Metro Partnership, 1401 Willamette Street, Eugene, Oregon, Regarding the Eugene-Springfield Metropolitan Area General Plan. [Please see attached staff report.] 3. Correspondence from Rachel Chouinard, 1530 Walnut Rd., Springfield, Oregon, Regarding the Adult Video Store Scheduled to Open on Olympic Street. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCn.,OR WOODROW TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports . 1. Councilor Ballew attended the Metropolitan Policy Committee (MPC) meeting for Mayor Leiken and Councilor Fitch. They discussed additional money we could receive because we are a metropolitan transportation area and Lane Council of Governments (LCOG) would distribute. LCOG will be taking $250,000 for staff support. We will be getting a staff report. Springfield City Council Regular Session Minutes - June 16, 2003 Page - 12 . b. Other Business 1. Councilor Ralston asked Chief Smith who sets traffic fines. He said he has noticed a big problem with people running red lights. In California they have signs stating there is a "Minimum Fine of$300 for Running a Red Light". Chief Smith said the State sets the fines and they also have assessments. As a fine gets paid off, the first portion goes to the State and the final payments, if they are made, to the City. The City can not set those fines. BUSINESS FROM THE CITY MANAGER 1. Ratify Appointment of Assistant City Manager. City Manager Mike Kelly was present for the staff report. He said staff conducted a limited Western US recruitment for the position of Assistant City Manager. The city received 215 applications, conducted telephone interviews with thirteen of these candidates and then invited six candidates to come to Springfield for an orientation and also to be interviewed by three separate panels. The Mayor and Council President were part of a thirteen person interviewing panel made up of diverse community members. The two other interviewing panels were comprised of city employees. . Based upon input from these three panels, two finalists were selected. City Manager Mike Kelly spent three weeks talking to these individuals and their numerous references and acquaintances to help determine who would be the best person for the job. Following this extensive search, Cynthia Pappas has been appointed to the position of Assistant City Manager. The City's Charter requires that department head selections be confirmed by the Mayor and Council. Technically, this is not a department head position but intent of the language is to give the Council the right to confirm senior management positions, such as the Assistant City Manager. Council is being asked to confirm this appointment. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO RATIFY CITY MANAGER'S APPOINTMENT OF CYNTHIA PAPPAS TO THE POSITION OF ASSISTANT CITY MANAGER, EFFECTIVE JUNE 16,2003. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Lane County Intergovernmental Agreement. . Finance Director Bob Duey was present for the staff report. As a result of negotiations with PeopleSoft, the City's vendor for its human resources, payroll, and financial software, Lane County and the City have the opportunity to consolidate their separat~ software maintenance contracts into a single, contractual agreement. The intergovernmental agreement between the two government agencies will identify the cooperative effort and outline the payments required by the City to the County. Significant savings will occur for both agencies in exchange for a six-year agreement between the vendor and Lane County. Springfield City Council Regular Session Minutes :..- June 16, 2003 Page - 13 . Mr. Duey said staff is asking Council to authorize the City Manager to enter into an intergovernmental agreement with Lane County to allow the consolidation of the two agencies PeopleSoft software maintenance contracts into a single, six-year contract between Lane County and the vendor. If Council elects to maintain a status quo arrangement with the City's PeopleSoft software maintenance agreement, no action need be taken. Mr. Duey said they are requesting to pull this due to fmal wording being confirmed with City Attorney. The IGA is not here available for Council to review. He noted the only change is the identification clause. Mr. Harold said if council was willing to accept this with the additional phrase it could be adopted tonight. He said it is a housekeeping item. Lane County has agreed to the inclusion of the additional phrase, but has not yet returned the document. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LANE COUNTY SUBJECT TO INDEMNITY LANGUAGE MODIFICATIONS CONCERNING TORTE CLAIM LIMITATIONS TO ALLOW THE CONSOLIDATION OF THE TWO AGENCIES PEOPLESOFT SOFTWARE MAINTENANCE CONTRACTS INTO A SINGLE, SIX- YEAR CONTRACT BETWEEN LANE COUNTY AND THE VENDOR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. . Mr. Kelly reminded Council of the Joint Elected Officials meeting this Wednesday, June 18. The dinner will be at 5:00pm and the Public Hearing will begin at 6:00pm. It will be here at Springfield City Hall with the dinner in Development Services Conference Room 615 and 616 and the Public Hearing in the Council Chambers. BUSINESS FROM THE CITY ATTORNEY Mr. Harold noted that an error was made on the date regarding the public hearing for Lithia's continuation for their vacation request. The AIS listed September 15, 1003, but the agenda listed September 16,2003. The correct date is September 15, 2003. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR WOODROW TO CONTINUE THE PUBLIC HEARING FIRST HELD ON FEBRUARY 24,2003 FOR A PROPOSAL TO VACATE ALLEY RIGHTS-OF-WAY IN DOWNTOWN SPRINGFIELD UNTIL SEPTEMBER 15, 2003. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Status Report - LUBA Appeals of PeaceHealth Decisions. Mr. Harold said there were two decisions waiting to be appealed; one by the Jaqua's and the other by CHOICES. There have been petitions filed to intervene on these two appeals by PeaceHealth and by the City of Springfield. He said we won't know what the issues are until the briefs are filed. The petitioners must file within 21 days, and the respondents (The City of Springfield and PeaceHealth) must file briefs within 42 days. The County is also an intervener, but we do not know what their issues are until they file briefs. We can only speculate. . Councilor Ballew asked about the timeline. . . , J 1"" . Springfield City Council Regular Session Minutes - June 16, 2003 Page - 14 Councilor Burge asked who the individuals are that make up the group CHOICES. He would like a list ofthose names. Mr. Harold said they would get that information. Mayor Leiken asked if Lane County was asked to intervene in this appeal. He feels it is inappropriate for the County to intervene in this issue without being asked. Mr. Harold said he does not know. Mayor Leiken asked if council would receive the paperwork on this. Mr. Harold said they would receive a report. Councilor Ralston said he believes the County feels it should be a regional choice regarding health care. They probably are interested in this issue because is affects the TransPlan which they were involved with. ADJOURNMENT The meeting was adjourned at 8:40 p.m. Minutes Recorder Amy Sowa 1- Attest: Am~~ Acting City Recorder