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HomeMy WebLinkAbout09/15/2003 Regular / , t ,., '. . . . ...... City of Springfield Regular Meeting MrNurES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, SEPTEMBER 15,2003 The City of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, Sept. 15,2003, at 7:09 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Burge, Fitch, Malloy, Ralston and Woodrow. Also present were Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff. Councilor Ballew was absent (excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Recognition of Jenny Peterson, Library, for 25 Years of Service to the City of Springfield. Assistant City Manager Cynthia Pappas recognized Jenny Peterson for her 25 years of service with the City of Springfield. Ms. Pappas gave a brief history of Ms. Peterson's work history with the City as well as information about her personal hobbies. Fire Chief Dennis Murphy announced that the tanker truck with the hydrogen leak will be removed this evening and residents will be able to return to their homes. Mayor Leiken noted that the procedure this morning went well and staff did an excellent job. CONSENT CALENDAR Councilor Burge asked about the expenditures listed in the Agenda Item Summary for Item No.1, Budget Disbursements. He noted a check amount which showed up twice. Accounting Manager Valerie Warner said that the item was only paid once, the original check was voided. Discussion was held regarding credit card fees and other line items. Levels of approval within departments were also discussed. Ms. Pappas said it may be helpful if in the future voided checks were included on the report. Councilor Burge asked how many credit cards there are in the city. " , Council Regular Meeting Minutes September 15,2003 Page 2 . Ms. Warner said there are 20-30 Bank of America purchase cards given to designated employees in different departments. These cards have strict limits on them. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR WOODROW, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 4 IN FAVOR, 0 AGAINST AND 1 ABSTENTION (BURGE). 1. Claims a. Approve the June 2003 Disbursements for Approval. b. Approve the July 2003 Disbursements for Approval. c. Approve the August 2003 Disbursements for Approval. 2. Minutes a. April 21, 2003 - Work Session b. July 16,2003 - TEAM Springfield Joint Elected Officials Meeting c. July 21,2003 - Work Session d. July 21,2003 - Regular Meeting e. July 28,2003 - Work Session f. July 28, 2003 - Special Regular Meeting 3. Resolutions . a. RESOLUTION NO. 03-42 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30176 30TH STREET PHASE III. NORTH OF MAIN STREET. b. RESOLUTION NO. 03-43 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30059 RIVER TRAILS SUBDIVISION, PHASE II. PUBLIC IMPROVEMENTS. 4. Ordinances 5. Other Routine Matters a. Award the Contract for the Maintenance Division's Traffic Shop Remodel to Gale Roberts Construction in the Amount of$56,339.00 ITEMS REMOVED FROM THE CONSENT CALENDAR 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. . City Planner Mark Metzger presented the staff report on this issue. He acknowledged the good working relationship staff has had with Lithia Toyota. He noted that they are in the midst of coming to an agreement regarding this vacation. The attorney for Lithia has asked for the right-of-way item to be continued to October 6 when the vacation plus a code amendment regarding this project could be brought before council. " t Council Regular Meeting Minutes September 15,2003 Page 3 . Mayor Leiken opened the public hearing. No one appeared to speak. IT WAS MOVED BY COUNCILOR FITCH 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 OCTOBER 6, 2003. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. City Attorney Joe Leahy clarified that this action is on the basis of the request from the applicant's attorney waiving the 120 day rule. Councilor Burge asked if part ofthis is due to the city contemplating a mixed-use overlay district for downtown. Mr. Metzger said that is correct. The city has not implemented that as of yet and they are working through any implications that may affect Lithia when that code change occurs. Councilor Burge asked if the mixed use overlay district required mixed use on each and every tax lot. Mr. Metzger said it does not require it, but it does allow it. . Councilor Burge said it seems like the Lithia proposal became controversial because Gar dealerships were not included in the overlay district. He asked if Kendall Ford's acreage on South A Street would be permitted to continue as an automotive agency. Mr. Metzger explained that this would be part ofthe code change that will come before council on October 6. The code change would allow both Kendall and Lithia to continue to expand their sites as auto dealerships. BUSINESS FROM THE AUDIENCE 1. Kelly Blewster, 640 5th Street, Springfield, OR 97477. Ms. Blewster read aloud the letter that she submitted to the council regarding the Brick House Tavern in downtown Springfield. Her letter noted the increase in crime, etc., around these establishments and the desire for the council and citizens to see the downtown revitalized as a place to go for families, not a place for this type of establishment. Ms. Blewster said she and her husband believe in and support the First Amendment right of adult-oriented businesses to exist, however these types of businesses do have a proven record of causing property values in their neighborhoods to decline. She would like to see the council pass an ordinance limiting these types of establishments near churches, libraries, parks, child oriented and residential areas and schools. She referenced articles citing such ordinances. She described some adverse secondary results, such as increased crime and the reduction of property values. . 2. AlethaLou Harmon, 145 Pioneer Parkway East, Springfield, OR 97477. Ms. Harmon's business, AlethaLou's Mercantile, is just down the alley from the BrickHouse. Ms. Harmon fmds it very upsetting that the Brick House has become a strip club. She has worked,hard over the last five years to keep her business going, build clientele and maintain a good reputation. Two to three times a year she holds evening events and her staff also works in the Council Regular Meeting Minutes September 15,2003 Page 4 . evenings updating displays, etc. She has received comments about the additional traffic and customers who do not feel secure outside her building. She feels threatened by this business locating so close to her store. 3. Anita Russell, 521 5th Street, Springfield, OR 97477. Ms. Russell is here to support her neighbors who want to live in a more beautiful city. She feels our council, as the decision making body, should make decision that are concrete and dignified. She said this city has a reputation as a slum and she feels it is based somewhat on fact. She feels our city can become better than we are. 4. Dr. Carol Berger, Owner of Properties at 407 C Street, 408 D Street. and 645 F Street, Springfield, OR 97477. Dr. Berger said she recently noticed the Brick House has turned to an adult entertainment business. She contacted the Mayor's office to lodge a complaint because she had understood that with the downtown renaissance, we were trying to put in more upscale businesses. She is not familiar with the wording of affects which Mr. Leahy spoke of regarding zoning. She noted that she has seen the women who work at this establishment outside encouraging males to enter as they drove by. She said they wore the clothing that they most likely wore while working in this establishment. She also noted that many ofthe men that go to this place perform illegal, immoral activities in nearby parking lots, etc. She asked council to contact those that have come forward to speak tonight with ideas on how we as a city can keep the property values up and create a nice place to raise families and have businesses. . 5. Pastor Sharon K. Womack, 418 N. A Street, Springfield, OR 97477. Pastor Womack's church, First Christian Church, Disciples of Christ, is located just across the street from the Brick House. She feels this is wrong and she feels that we as a city should be able to make the laws. She does not feel this type of establishment should be allowed in city limits. Springfield is better than that and she does not want to see this type of establishment in our community. She feels Springfield needs to clean itself up or we will not grow in the way we would like to grow. COUNCIL RESPONSE Councilor Burge said after he received Ms. Blewster's letter, he has asked staff to review the possibility of creating the ordinance to comply with the Supreme Court latitude in these cases. . City Attorney Joe Leahy said that his office also received Ms. Blewster's letter and a response was finished and ready to mail out to her in the morning. He said the citations received from planning are inapplicable in Oregon. The issue in Oregon and the difficulty that council has is the same difficulty they have had over the last several years. He provided a copy of the Oregon Supreme Court opinion to Ms. Blewster. He said the Oregon Supreme Court interprets the Oregon Constitution broader in terms of protection of civil liberties than the U.S. Constitution is interpreted. In this particular case and in this particular area ofthe law, the Oregon Constitution as interpreted by a case in Portland, determines that cities cannot set these types of restrictions. He noted discussions he and the Police Chief have had regarding taking action and zoning against affects of particular businesses. There are, however, many other businesses that have far more police calls to them than these particular types of business. He said he can draft such an ordinance, but he feels it would go to litigation and we would lose because of the interpretation of the Oregon State Constitution. . . . '. . Council Regular Meeting Minutes September 15,2003 Page 5 Mayor Leiken said he agrees with Councilor Burge, but has seen the laws and the difficulties they pose. He recognized those who spoke before the council. He discussed the different groups that are trying to revitalize the downtown and would like to see these citizens more often to assist in community issues. It begins with the citizens and the public. He said that one person can make a difference and he referred to Jeannie Crane who worked with state and city jurisdictions to make safety improvements on 42nd Street. He encourages these citizens to move forward to make this change. He discussed his disappointment and frustration because council allowed the Brick House to open originally as a bar, but with this change he feels betrayed. Mr. Leahy said he and Chief Smith can take another look at this if that is council's direction. Councilor Burge would like to see someway that this issue could be taken care of. Councilor Woodrow asked about a business license ordinance and if that could impose restrictions. Mr. Leahy said it could be in the downtown refinement plan, but not as a restriction. Councilor Ralston said it is disturbing that these businesses can locate without notifying the city. He said ifthey had to apply for a business license, it could let the city know ahead oftime when they are going in. Councilor Malloy agrees that it would be easier to stop initiation of the business rather than close them down. Mayor Leiken said it is very important for citizens to be heard and come forward. Mr. Leahy reminded council that these discussions are limited to this forum. Councilor Fitch said as much as council would like to do something about this, they are bound by Oregon law. She said it is the purpose of the Downtown Renaissance group to get a lot of good, solid businesses in place to make Springfield downtown more of an upscale area. She appreciates these community members coming to testify before council. CORRESPONDENCE AND PETITIONS 1. Correspondence from Arnold Buchman, People Against a Casino Town (PACT) Spokesperson, P.O. Box 978, Florence, OR 97439 Regarding the Proposed Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Gaming Casino in the Florence Area. 2. Correspondence from Leif and Sue Danielson, 86544 Rose Hill Road, Florence, OR 97439 Regarding the Proposed Florence Area Casino. 3. Correspondence from Nick Shevchynski, 2445 Skyline Blvd., Eugene, OR 97403-2181 Regarding Response to his August 7, 2003 Information Request. [Please see attached staff report included in the agenda packet.] IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR WOODROW, TO ACCEPT AND FILE THE CORRESPONDENCE WITH FOLLOWUP . . . '. . Council Regular Meeting Minutes September 15,2003 Page 6 THAT HAS BEEN CONDUCTED BY STAFF. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Councilor Woodrow gave a report on the McKenzie Watershed Council. He said they met last week and it was Jim Thrailkill's last meeting as the Council Coordinator. He said a new Coordinator has been hired. Her name is Megan Finissy and she will work with Mr. Thrailkill this month and then take it over. b. Councilor Burge reported on the Campus Industrial Task Force. He said the Campus Industrial Zoning Review is almost concluded with one more meeting in the next few days. He feels they have made some good progress and have had good citizen involvement. He commended staff involved, both John Tamulonis and Gary Karp. He said he feels they have accomplished their goals and the intent of the Task Force. Councilor Burge reported on the Downtown Revitalization Group which meets every other week. He feels they have made good progress and have identified capital projects, events, activities, and their desire to coordinate with other groups such as SRDC, the Chamber, etc. He will get information on those projects to the Mayor and council soon. He said they will break downtown into blocks with block captains. They have a list with mailing addresses for all property and business owners in the downtown area. Councilor Burge reported on the Development Services Task Force. He said they will have their sixth meeting this Wednesday. Assistant City Manager Cynthia Pappas is the staff representative for that group. He feels they have a good diverse group including architects, engineers, land use planners, land use attorneys, etc. They have been looking at more efficient ways of processing land use applications and the permitting process. They are also reviewing the LDAP fees, land use fees and proposed increases for both and a correlation to those fees. He said it has been constructive, not vindictive. He said they hope to reach conclusion this week to bring information before the Mayor and council regarding the LDAP fees. Ms. Pappas added that Mike Evans and the team are scheduled to come before council at their October 27 work session. They may bring the LDAP item to council on October 6 and the rest of items on October 27. Councilor Burge said they are trying to find the level of appropriateness in fees and service and looking at validation of costs and procedures. c. Councilor Fitch reported on MPC and that they are looking at transportation issues. She complimented Development Services Director Dan Brown and Transportation Manager Nick Amis for their work in this. She said that staff listened to council and that is much appreciated. . . . '. , Council Regular Meeting Minutes September 15, 2003 Page 7 Councilor Burge thanked Steve Moe, Planning Commissioner, for sitting in on all three committees; Campus Industrial Group, the Development Services Task Force and the Downtown Revitalization Group. d. Mayor Leiken is meeting with Commissioner Green, Mayor Torrey, Ms. Pappas, Mr. Goodwin and other staff regarding street fund issues. Commissioner Green has some ideas he will be sharing with the cities. He hopes it will be solutions oriented. e. Mr. Leahy said that CHOICES filed against the City for a temporary restraining order on the Riverbend property. He said the basis for it was that the first annexation agreement with Arlie and Co. which PeaceHealth succeeded to contained a clause that said "no development until a master plan." It also contained a sentence that said, "This contract may be amended." The Boundary Commission entered an order and approved the annexation. They didn't enter any conditions, but they did have some findings. One of the findings was that there be no development until master plan approval. Mr. Leahy said the findings are not conditions, they are merely recitals. CHOICES is arguing that we couldn't alter the findings because they relied upon them. He noted that CHOICES did not participate in that annexation proceeding, prior to PeaceHealth and CHOICES becoming involved. He said it is in court and is now up to the judge to make a decision. They are going back to court tomorrow morning at 9:30 am with briefs which they hope will answer the judge's questions. The briefs were filed today. He is a little more optimistic, but the judge will make the fmal decision. 2. Business from Council a. Committee Reports. b. Other Business BUSINESS FROM THE CITY MANAGER 1. Ratify City Manager's Appointment of Bill Grile to the Position of Development Services Director, Effective October L 2003. Cynthia Pappas discussed the recruitment process. Based upon the input of the interview panels, four finalists came forward for a second interview with the City Manager. Following that process, the City Manager would like council to ratify the appointment of Bill Grile to the position of Development Services Department Director. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BURGE, TO RATIFY THE APPOINTMENT OF BILL GRILE TO THE POSITION OF DEVELOPMENT SERVICES DIRECTOR, EFFECTIVE OCTOBER 1, 2003. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Regional Systems Development Charges (SDC). . . . '. . Council Regular Meeting Minutes September 15,2003 Page 8 RESOLUTION NO. 03-44 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD REPEALING RESOLUTION NO. 03-41 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ON JULY 28,2003. RESOLUTION NO. 03-45 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD UPDATING THE FISCAL YEAR 2003-2004 REGIONAL W ASTEW A TER SYSTEM DEVELOPMENT CHARGE (SDC) FEE SCHEDULE FOR THE EXISTING ADOPTED METROPOLITAN WASTEWATER MANAGEMENT COMMISSION SYSTEM DEVELOPMENT METHODOLOGY ADOPTED BY THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION ON MAY 16, 1997, AND THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ON JUNE 16,1997. Gary Colwell presented the staff report on this issue. On July 28, 2003, the Springfield City Council approved Resolution 03-41, thereby updating the MWMC regional wastewater SDC Fee Schedule for FY03-04 based on the 1997 MWMC regional wastewater SDC methodology, the FY 03-04 5-year CIP, and the June 30, 2002, regional facilities asset value. The new Fee Schedule was approved in the face of extensive opposition, including the threat of legal action from the Home Builders Association (HBA). The Council established the effective date of the new Fee Schedule as September 16, 2003, in order to provide time to explore whether any agreement could be reached with the HBA that would avoid litigation while providing for an acceptable regional wastewater SDC Fee Schedule update. In late August, the HBA filed their Notice ofIntent to Appeal Springfield's action with the Land Use Board of Appeals (LUBA), and informed the staff and legal counsel that they also intended to file for a writ of review. On August 29, representatives from Springfield, Eugene and MWMC met with representatives of the HBA Executive Board to discuss this matter. A tentative agreement was reached by the parties. The essentials ofthe Agreement are: · MWMC will request approval by the cities of Eugene and Springfield of a one-year regional wastewater SDC fee update for FY 03-04 that is based on the FY 02-03 five- year CIP and the June 30, 2002, regional asset value; · MWMC, with the assistance of a consultant and a citizen advisory committee (CAC) that will include the HBA, will engage in a process of reviewing the 1997 methodology. MWMC will endeavor to complete the review process so Eugene and Springfield will have adequate time to adopt any recommended modifications to the 1997 methodology and implement anew regional SDC Fee Schedule effective July 1, 2004; · HBA will dismiss any pending legal action; · HBA will not challenge the Regional Wastewater Systems Development Charge during the review process and will attempt to dissuade any of its members from filing an action on their own. The HBA governmental affairs committee considered the Agreement on September 9,2003 meeting, MWMC adopted Resolution 03-09, authorizing the MWMC Executive Officer to execute the Springfield City Council's revised regional SDC Fee Schedule by September 17, to be effective October 1, 2003 and that the Eugene City Council adopt the revised regional SDC FEE Schedule on September 22,2003. '. . . . . ,. ~ .. Council Regular Meeting Minutes September 15,2003 Page 9 Councilor Woodrow thanked the HBA, MWMC and City staff for working together to come up with this solution. It shows a lot of fortitude and diligence on everyone's part and is truly appreciated. Mayor Leiken also thanked Councilor Fitch for the time she has spent on this issue. He thanked HBA for their willingness to work with us on this. We have had a long-standing positive relationship and he would like to continue to work together with them in a positive manner. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR WOODROW TO ADOPT RESOLUTION NO. 03-44. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR WOODROW TO ADOPT RESOLUTION NO. 03-45. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. Ratify the IAFF, SPA. OPEU and AFSCME Contracts. Human Resources Director Bill Spiry was present for the staff report. Mr. Spiry said staff was asking council to ratify the agreements with the four unions. The City and the unions have been engaged in formal collective bargaining since early this year. A wide variety of issues were discussed through these negotiations, but the principle issues for all four units revolved around compensation and health care benefits. As council has reaffirmed, the City's priority objective for this round of bargaining has been to achieve substantive changes to the City's health benefits program designed to help contain the escalating costs of those benefits, with any pay increases rigorously linked to acceptance of substantive cost containment measures in health benefits. In these four tentative agreements the City has achieved this priority objective within council authorization. City negotiators have reached tentative agreement with all four of the bargaining units representing City employees, including the International Association of Firefighters (IAFF), Springfield Police association (SPA), Oregon Public Employees Union (OPEU, General Service employees), and American Federation of State, County, and Municipal Employees (AFSCME, Public Works Maintenance employees). These tentative agreements have been ratified by the membership for all four units. Councilor Burge said he has mixed emotions regarding this issue. He is not convinced that we have funds to cover this increase. He feels that not everyone on council has a clear understanding of the full cost impact from this contract. He said the City has a great staff, but would like complete information on impacts and forecasted revenues. He said this does fit council goals, although the goals are not something he supported. He said he will support it with reservations, but these concerns need to be answered. Councilor Woodrow said he understands how Councilor Burge feels. He would like to thank staff for the tremendous job they have done in getting council and staffto understand the new healthcare program. " ',I ~.. \. . . . Council Regular Meeting Minutes September 15,2003 Page 10 Councilor Fitch also thanked the staff for their work. She has spoken with the Finance Director and the numbers fall well within the budgeted amounts. She noted that things can change with future councils. Mayor Leiken said this has been challenging and he thanked staff for the work they have done. He feels it could have been a year our unions could have been very courageous and seeing the situation the city was facing, accepted something less. With our current economic situation, all should be thankful who have a job. He thanked the negotiating team for their hard work. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR WOODROW TO RATIFY THE IAFF, SPA, OPEU AND AFSCME CONTRACTS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 4. Other Business Assistant City Manager Cynthia Pappas said the emergency on 1-105 is over. The operation was accelerated by using water to warm the tank. At 7:50 pm it was reported that the release was under control and citizens are being allowed to return to their homes. 1-105 will remain closed until the truck is removed. She thanked Chief Murphy, Chief Smith and all of the staff who coordinated the emergency plan from Emergency Operations Center. Councilor Burge commended staff for a job well done and confIrmed that the City would be reimbursed from the trucking company. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 8:28 p.m. '\.. "', Minutes Recorder Amy Sowa Attest: CitY~~