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HomeMy WebLinkAbout01/22/2002 Regular ;.J . MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON lUESDA Y, JANUARY 22,2002 The Springfield City Council met in Regular Session on Tuesday, January 22,2002 at Springfield City Hall, 225 Fifth Street, Springfield, Council Meeting Room, at 6:37p.m., with Mayor Leiken presiding. ATIENDANCE Present were Mayor Leiken, and Councilors Ballew, Fitch, Hatfield, Lundberg, Ralston, and Simmons. Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Attorney Meg Kieran, City Recorder Kim Krebs, Police Chief Jerry Smith, and members of staff. PLEDGE OF ALLEGIANCE Mayo~ Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. City Manager Mike Kelly recognized Sandy Kelley, Public Works Department, for her 25 . Years of Service to the City of Springfield. . Councilor Ballew thanked Sandy Kelley also for her dedication and support on the Metro Wastewater Management Commission. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR FITCH TO ACCEPT THE CONSENT CALENDER. THE MOTION PASSED WITH A VOTE OF 6 IN FAVOR AND 0 AGAINST. 1. Claims a. Approve the November 2001 Disbursements for Approval. b. Approve the December 200 I Disbursements for Approval. , 2. Minutes a. October 8, 2001 - Work Session b. October 15,2001 - Work Session c. October 15,2001 - Regular Session d. November 05,2001- Work Session e. ' November 05, 2001 - Regular Meeting f. November 19,2001- Work Session g. November 19,2001 Regular Meeting h. November 26,2001- Work Session 1. December 03,2001 - Work Session . J. December 03,2001 - Regular Meeting k. December 10, 2001 - Work Session .1. December 10, 2001 - Regular Meeting .~ Springfield City Council . Regular Meeting Minutes - January 22,2002 Page - 2 . 3. Resolutions a. RESOLUTION NO. 02-1 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30175, RIVER GLEN SUBDIVISION PUBLIC IMPROVEMENTS, 4TI1 ADDITION, LOCATED ALONG RIVER KNOLL WAY AND MINT MEADOW WAY. b. RESOLUTION NO. 02-2 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30211 , SOUTH nND STREET IMPROVEMENTS NEAR DAISY STREET. c. RESOLUTION NO. 02-3 - A RESOLUTION TO ACCEPT PROJECT P20236 FROM ASPHALT MAINTENANCE ASSOCIATES, INC., IN THE AMOUNT OF $140,809.81. d. RESOLUTION NO. 02-4 - A RESOLUTION TO ACCEPT PROJECT P20237 FROM ASPHALT MAINTENANCE ASSOCIATES, INC., IN THE AMOUNT OF $24,977.76. e. RESOLUTION NO. 02-5 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30240, SANITARY SEWER EXTENSION. WEST OF M AND RAINBOW STREETS. 4 Other Routine Matters a. Approve Release of Portion of Interest - Drainage Easement in Mimosa Park First Addition Subdivision. . b. Approve Endorsement of OLCC Liquor License Application for Chicken Bonz Inc., Formerly Mama Ida's Restaurant, Located at 1815 Pioneer Parkway East, Springfield, Oregon. c. Approve Endorsement of OLCC Liquor License Application for 7-Eleven, 2353-145 10M, Located at 411 Harlow Road, Springfield, Oregon. d. Approve Endorsement ofOLCC Liquor License Application for Cascade Foodmart 650, Formerly Texaco Starmart 3650, Located at 5737 Main Street, Springfield, Oregon. ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARINGS 1. Prostitution-Free Zone Ordinance and Drug-Free Zone Ordinance. ORDINANCE NO. 1- AN ORDINANCE ADDING SECTION 5.140 THROUGH 5.148 OF THE SPRINGFIELD MUNICIPAL CODE, ENTITLED "PROSTITUTION-FREE ZONE" AND DECLARING AN EMERGENCY. . ORDINANCE NO. 2- AN ORDINANCE ADDING SECTION 5.150 THROUGH 5.158 OF THE SPRINGFIELD MUNICIPAL CODE. ENTITLED "DRUG-FREE ZONE" AND DECLARING AN EMERGENCY. . Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 3 . Police Chief Jerry Smith and City Attorney Meg Kieran were present for the staff report on this item. Ms. Kieran said the two ordinances before council tonight are scheduled for their first reading and public hearing. These Zones have the same geographic location and the same process involved but different offenses are triggered for the two different ordinances. She said the ordinances before council contain a page of [mdings. The recitation of facts that council will hear tonight is necessary to support the ordinances. That is to say, we need to have on the record why are we doing this, and is it really necessary. Ms. Kieran said Chief Jerry Smith is going to give council those facts with the help of John Bennett who will do some data analysis. Other Springfield Officers and citizens will give you anecdotal evidence. The ACLU has been notified, and knows the council has asked that question in the past. Ms. Kieran said she would be available to answer questions when the public hearing is done. Chief Smith thanked the council for the opportunity tonight to present the two ordinances to for their consideration. He said the ordinances are designed to help the prostitution and drug problem in downtown Springfield. He said first he would like to introduce Mr. John Bennett who is with the Police Department and provides the crime analysis. Mr. Bennett will be circulating copies of various maps, and will provide information about what the maps really mean, much more so than he could. . Chief Smith said the ordinances are basically identical; they each deal with different problems. The mechanics of the ordinances are such that the area affected is designated in the ordinance. If an offender is arrested for one of the prescribed offenses in the ordinance, what happens is, separate from the arrest and criminal charges, that individual would be given a notice to appear in the Municipal Court. If they appear, the Court will give them a Show Cause hearing date. Ifthey fail to appear, the Municipal Court may issue a 90-Day Exclusion anyway. At the Show Cause hearing date, ifthey fail to appear, the Court can move forward with the Exclusion. If they appear and fail to show cause why they should not be excluded from this particular area, then the Court can issue its Order. He said what this amounts to then, is this person is excluded from that particular prescribed area of Springfield. If they go back into that area, they are then subject to arrest for Trespass. The ordinance also provides for variances that can be granted by the Municipal Court. He said it is particularly important to note that the Police are not issuing the Order; the Police are only issuing an appearance date in the Municipal Court. If they were convicted of one of the predicated offenses, then they would be subject to Exclusion for one year from this particular area of town. Chief Smith said some facts about the Police Department and these issues are that in 2001, the Police Department responded to 65 calls for service associated with prostitution. That's up from 19 calls in the year 2000. He said this is clearly a problem in Springfield, and said these numbers suggest it is a growing problem. He said he thinks the more real picture is that we have devoted some particular attention in 2001 to the problem. He said the Police Department made 41 arrests for prostitution in 2001, and 30 arrests the year 2000. Because these are parallel, he wants to talk about drugs also. In 200 I the Police Department responded to 575 calls for service in the downtown area of Springfield related to drug problems. This was compared to 596 calls in 2000. It is, and has been a continuing problem in downtown Springfield as well as other parts. The Police Department made 1,487 arrests for drug offenses in 2001, and 1446 in 2000. . . Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 4 . Chief Smith said the capacity issues at the Lane County Jail are well chronicled, and said the council has heard and read about them. In 2001 they released 4,581 prisoners in the Matrix release. He said this means they are let go because the jail is full. .This has been a long-term problem, and he knows of no solutions that have been advanced by the County or any agency associated with Lane County to fix this problem. He said the City of Springfield contracts with the Sheriff's office for five beds at the Lane County Jail. He said those five beds have almost no value to the Police Department, they are used by the Municipal Court where priority offenders sentenced by the Court are placed in those 5 beds. What that means, is the Court has five beds, and if they want to instruct the County to keep a particular person, they can do so up to five people. Chief Smith said the Police Department made 7,322 arrests in the year 2000, and 81 % of those are adult offenders. He said he does not have the 2001 figures, as they are still compiling the data, but he would submit that the arrest figures are going to be very similar to the year 2000. Chief Smith said the City of Springfield is facing a 1.4 Million deficit in the year 2002-2003. He said current staffing ofthe Police Department is very similar as that in 1980. He said currently they have 62 sworn personnel, and in 1980 they had 59. The Police Department presently staffs four officers in local schools through either grants or shared cost programs with the School District. He said those did not occur in 1980. He said the affect of this, is that the Police Department is now service a City of 53,000 people, with very similar numbers as they did in 1980 when the population was slightly more than 41,000. . Chief Smith said in 1996, the Council adopted the Police Departments Long-Range Plan. The Plan during a five-year period of time called for the increase of eight police officers, plus some additional support staff. None have those have been realized in the plan. He said this is a product of fiscal limitations imposed on the entire city, not just the Police Department. Chief Smith said in November 2000, a levy was placed before the voters, that would have relieved some of the stresses on the Police Department as well as some other parts of the City, and this was not successful. He said there is new expectation of the immediate solution to the fiscal needs that would enable an increase in Police staffing. Additionallaw enforcements efforts at the problems that are been addressed tonight, are proven ineffective in solving these problems, and will be addressed in the proposed ordinances. Limitations of jail space, and adequate police resources, as well as a number of other factors have inhibited traditional less intrusive strategies. . Chief Smith said in 1998 the University of Oregon was commissioned to do a study on public safety in the downtown Springfield district of Springfield. He said, among other questions, respondents of the survey were asked three specific public safety problems most important to downtown. He said the most common response, was drugs. He said further inquiry of the respondents, found that drugs remained the most significant concern for both day and night time hours. He said 48% of the respondents said that public safety concerns keep them from visiting downtown almost or most of the time at night. He said some of the key findings of this survey related to public safety in downtown Springfield, that they concluded as a product of this study, the majority of the respondents feel that their is public safety problems in downtown Springfield. According to the study respondents the top three public safety concerns in downtown are drugs, bars and homelessness. He said respondent's rate illicit . Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 5 . drugs, loitering, and the presence of transients are the top three behaviors in activities of public concern in downtown during the daytime. They majority of survey respondents feel public safety in downtown impact the Springfield community as a whole through a negative community image, low business interest, and low economic fatality. Drugs, homelessness, ' and prostitution are the top four public safety concerns that were noted by downtown business owners. And lastly, public safety problems prevent people from visiting downtown at night more than during the daytime. Chief Smith said he asked John Bennett to speak tonight about the maps circulated, in order to provide the council with a better picture of what the information contained in the maps represent. Mr. Bennett circulated the following maps, and highlighted the information contained, and responded to various questions of Council- · Map A - Proposed Drug and Prostitution Free Zone · Map 1- 2001 Calls for Service (CFS) and Arrest/Cites for Prostitution (Includes Warrant Arrests) · Map 2 - 2001 Prostitution Arrest/Cites Showing Number of Prior Police Involvements Per Arrestee (Includes WarrantArrests) . · Map 3 - 2001 Arrest and Cites for Drug Related Offenses (Includes Warrant Arrests) · Map 4 - 2001 Call for Service (CFS) for Drug Related Problems · Map 5 - 2001 Drug Arrest/Cites Showing Number of Prior Police Involvements Per Arrestee (Includes Warrant Arrests) Councilor Lundberg said in reviewing all of the maps presented, the downtown is certainly a problem area. She asked Mr. Bennett from his experience in seeing what people are being arrested for, are there other significant areas that are a concern? Mr. Bennett said most ofthe drug activity that they have is along Main Street and A Street, with concentration being along Mill Street, and the Meadow Park area, and the downtown area. Councilor Lundberg asked if it would be safe to assume there is higher concentration in apartment areas? ML Bennett said that is pretty common in most types of data that they run, because there are more people living closer togetheL He said in the maps displayed, there is a higher concentration of Apartment buildings. Councilor Ralston asked what a "Callfor Service" means? . Mr. Bennett said a Call for Service could be several different things. It can be a business owner who calls in because there is some activity going on out in front of their business, and will be calling in to report it. They may find syringes outside their door, and in some cases on their roof. Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 6 . In some cases there might be an officer working undercover, and when that officer calls in, that is also considered a call for service. He said that is one reason that the calls for service were up in 2001, because there was~not only increased activity, there was also more police presence, and some of those generated calls for service. Councilor Ballew asked with the enactment of these ordinances, would staff anticipate seeing fewer arrests, or would they expect to see some movement to other areas of the City? Mr. Bennett said in his experience, interesting in that what you see in these types of things is the awareness goes up, your calls for service will increase, because people will know there is an ordinance in place. They do anticipate an increase initially, it will seem as if the crime rate is going up, but the idea is over a period of a year or two then you hope that everything goes down. But again, initially on adoption of an ordinance like this arrests and calls will definitely go up. Mr. Bennett said in response to the question of movement to another location in the city, statistically, it doesn't seem to work that way. . Chief Smith said he had two other comments to make. He knows there are going to be people offering testimony tonight. He said his experience has been that they are having the same people that they arrest, return to the same downtown area. He said council has heard about the matrix problems, and the sanctions that are not available to the criminal justice system. They are arresting prostitutes in the downtown area, and will find them back in the downtown area shortly thereafter. The other comment he wanted to make is that there is a street knowledge or an awareness of where to go to get drugs, and where to go to get prostitutes. The fact that they are arresting males seeking out prostitution, they don't live in the downtown area, they live somewhere else, but they are coming downtown to seek out this kind of activity. This shows that there is street knowledge and awareness that there is prostitution activity going on in downtown Springfield. Chief Smith said Officer Halttunen is here tonight to offer testimony. He is probably more knowledgeable in actuality about what he is seeing on a daily basis with respect to these people returning to the area. Mayor Leiken said this is the first reading and public hearing for these two ordinances. Mayor Leiken opened the public hearing. . 1. Dan Egan, 850 N. 6th Street. Springfield, said he represents the Springfield Chamber of Commerce. He said the Springfield Chamber is a business organization representing almost 600 businesses in both Springfield and Eugene. He said he is also a board member of the Springfield Renaissance Development Corporation. He said he works downtown at the Depot, and in looking at the maps it is pretty scary, but nothing new for him. He said the types of people he encounters are very dangerous, very aggressive, and very ugly, and very much like the thing that most people would not want in their town. They are here in Springfield, and they have been here for some time. He said this is a condition that is in the downtown area that would not be tolerated in a lot of other places in Springfield right now. He said those people in the business community have seen businesses not come to downtown, or leave downtown, and flounder downtown because of this problem. He said they are trying to have a renaissance of downtown businesses and public and private agencies. He said the public business could only do so much, but Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 7 . the need for private businesses are also important. There needs to be investment in the downtown area, and those investments need to be protected. He said the there are the same people seen day after day. He said he has a problem recruiting people to work at the Chamber of Commerce because of this problem. It is a dangerous place to work because of this problem. He said they do find ways to do this. He said the prostitution and drug problem is actually just the tip ofthe iceberg. Because along with that goes a whole bunch of businesses that will not be heard about tonight. He said for the sake of the future of downtown, not just present business owners, something needs to be done. If there were a jail where there would be a capacity to put people in jail and keep them> there, this problem would be a long way to being solved. He said unfortunately, there is nothing on the horizon that shows this will happen. These ordinances are a tool that would at least give some hope for downtown businesses, and people who live downtown, including apartment dwellers who want to have a nice life downtown, some sort of hope, that these same people are not going to be arrested at least 100 times a year for the same situation. This is a very dangerous situation and is keeping people out of our parks, businesses, and will have a detrimental affect on downtown for a very long time in the future. He urged council to adopt the proposed ordinances. . 2. Bill Holding:, 322 Main Street. Springfield, said he is the owner GW Arms, and has been at this location for two years, it has been a continual problem since he has been there. They have five or more prostitutes showing up on a regular basis, and sometimes begin as early as lOam in the morning. He said this creates difficulty when they are blocking the entrance to his business, as well as Police arresting them in front of his business. He said he spoke to the Police Officer after the arrest and was told by the Officer that he has arrested this particular individual at least 5 - 6 times. He said if they are gone at all, it is only for units of days. He said there has been a mini van parked in front of his store and he has witnessed people going in and out. There is also a mini van parked in the diamond parking lot next door, he said it has been there at 8:30 am, and at 5 pm. He said the previous owner of the store had a biohazard box put in for needles. He said the back of his store provides an alcove that is protection; it is used as a public restroom, and other things as well. 3. Neil Halttunen, 344 A Street, Springfield, saidhe is a Springfield Police Officer. He said he was present to share some of his personal experiences with the Council in order to assist with their fact finding. He said on several occasions he has made both prostitution and drug arrests. He said there is generally a group of prostitutes; on occasion some of the faces will change. He said he has arrested most of the girls, taken them over to the jailor written them citations and had them out working again shortly thereafter. He said he has also contact prostitutes on other occasions that are out on the streets working, and they admitted to him they are out there for the purpose of prostitution. He said he is usually able to get them to go home for the night, but it is an ongoing. He said he also had a personal experience off duty. His wife wanted to know what a real life prostitute looked like downtown. He said as they drove downtown, he tried to point one out to his wife, and as he pulled around the comer on 5th Street, the prostitute saw the brake lights on the car, and tried to open his door, as his wife was quickly trying to lock it. This is just as an example of how aggressive they can be. He said he has also arrested a number of people both selling and using narcotics in downtown Springfield. He has arrested thesame people over and over for a period of years. He said he knows who they are, and he . Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 8 . has an agreement with them that ifhe pulls overin his patrol car, they will give him their dope right away. He asked the Council ifthey had any questions. . Councilor Ballew asked Officer Halttunen what drugs are accessible on the street? Officer Halttunen said the three main drugs he fmds in downtown would be heroin, methamphetamine, and marijuana. He said most prostitutes are heroin addicts, and in his opinion there is a lot more heroin on the streets then before. 4. John Ardans 402 Main Street, Springfield, said he and his wife own a family billiard parlor at the corner of 4th and Main Street. He said when they bought their business 1 'l2 years ago; they found that a gang of prostitutes, drug dealers, and bums blockaded the doorway to their business. He said they have found that families don't want to come downtown, as it is a dying city. He said every month another businessperson shuts his doors forever, which leaves another empty building. He said their experience was that the gangs hung out their all day long, gets worse at night, and when he. arrived at work in the morning, the planter outside his business was full of drug needles, garbage, empty whiskey bottles, and human waste. The front door of his building is covered with spit. He said they have asked the Police Department for help, they give them increased enforcement that seems to help. There is less concentration near his business now because of the increased enforcement. He said what he would suggest in order to help with this serious problem, and dying city, is to provide an ordinance that will allow the Police Department to exclude some of these people at least temporarily, so that in the future downtown Springfield won't look like downtown Calcutta . 5. Melba Reeve, 437 Main Street. Springfield, said she works at U.S. Bank on Main Street. She said she is faced with the same situation as the other people who have spoken tonight. She works in this high concentration area, and over the years has seen many things, including their customers being solicited in the parking lot and sidewalk; drug paraphernalia found in the parking lot, but most recently, the needles are being tossed up and are now in the gutters on the roof. There are a lot of forged, altered, or stolen checks, which after talking to the Police Department are drug related crimes. She said customers are afraid to use the night depository, afraid of using the ATM machines, pan handlers and prostitutes see that as people with ready cash in their hands are approached immediately. She said they are very persistent, they knock on car windows, and essentially will not take no for an answer. She said this has a tremendous impact on their business, and said she would like to see the ordinances adopted in order to clean up the downtown area, and make it better for folks who are trying to keep the downtown alive. Mayor Leiken closed the public hearing. Mayor Leiken recognized the Boy Scout Troop in the audience, and allowed Gene Drake to introduce his Troop #55, who was in attendance to work on their merit badge. 2. Youth Access Ordinance. . ORDINANCE NO 3- AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF TOBACCO AND TOBACCO PRODUCTS TO MINORS BY ADDING CHAPTER 5 "PUBLIC PROTECTION' OF THE SPRINGFIELD MUNICIPAL Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 9 . CODE SECTION 5.300 "SALE AND DISTRIBUTION OF TOBACCO AND TOBACCO PRODUCTS TO MINORS" AND DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE OF JULY L 2002. Assistant City Manager Gino Grimaldi was present for the staff report. He said this is an ordinance that the Mayor and City Council have seen on a number of occasions including the December 10' 2001 Council Work Session. He said the ordinance would require tobacco sales to be vendor assisted, prohibit self-service tobacco displays, prohibit the sale of tobacco products to minors under the age of 18, and require tobacco retailers to be licensed by the city. This ordinance has been changed since the first time the council has seen it. It now includes the ability to fine a clerk for the sale oftobacco to a minor. Notification of storeowner of violations by clerks, the ability to revoke or suspend a license upon three or more violations in a one-year period, and it also changes the effective date to July 1, 2002. Mayor Leiken opened the public hearing. . 1. Mary Ausmus, 1325 D Street, Springfield, said as a part of the tobacco prevention efforts in the community, she would like to thank the Mayor and City Council for working so hard, along with the city staff, including, Joe Leahy, Dave Puent, and Gino Grimaldi. She thanked the local high school and middle school students who during their break and lunch periods circulated endorsements related to the Youth Access Ordinance, she said she would leave the copies of those endorsements with the City Recorder at the conclusion of the meeting. She also thanked students Erica Westover, Courtney Mitchell, and Stephanie Saxman, Stephanie Keefer, and Allie Kephardt for their efforts. She thanked Councilor Lundberg for all of her dedication and passion for all of the children in the community, to provide clean air, and to not allow access to minors of the tobacco products. Mayor Leiken closed the public hearing, and said this is the first reading only of this ordinance. He thanked Councilor Lundberg for her efforts and driving force on this ordinance. 3. Amendments to Articles of the Springfield Development Code (SDC) to allow Wellness Centers as a secondary use to Community Centers, Jo. No. 01-11-221. ORDINANCE NO.4 - AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE. ARTICLE 2, DEFINITIONS, SECTION 2.020 AND ARTICLE 23, PLO PUBLIC LANDS AND OPEN SPACE. SECTIONS 23.020 AND 23.100. . Planner II Sara Summers was present for the staff report on this issue. She said that Willamalane Park and Recreation District is requesting amendments to the SDC, which would allow wellnesscenters to be developed as a secondary use to community recreation centers on the same development site. She said the proposed use of wellness centers in PLO zoning requires an amendment to the SDC. Wellness services are currently only permitted in the Medical Services District. A wellness center would be permitted only as a secondary use to a community recreation center. Special Use Standards and definitions ofwellness centers and community recreation centers are proposed to be added to the SDC which would limit the options for future wellness centers in the PLO zoning. With the proposed definitions, the Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 10 . location of future wellness centers would currently be restricted to Willarhalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Recreation Center, and the Willamalane Senior Center. She said the development of any Wellness center would be subject to the city site plan approval. The proposed amendments would allow public/private organizations to pool their resources in order to provide wellness, fitness, and other recreation services that would benefit the community. Ms. Summers reviewed her staff report (Attachment A), and highlighted the proposed SDC language changes. Ms. Summers said the criteria for adoption of these proposed changes is under SDC 8.020, which states that in reaching a decision on these actions, the Planning Commission (PC) and the City Council shall adopt findings which demonstrate conformance to the Metro Plan, applicable state statues, and applicable state wide planning goals and administrative rules. Ms. Summers said the Planning Commission (PC) held a public hearing on this proposal on December 4,2001. The PC unanimously recommended approval. She said if the City Council agrees with the PC recommendation, council will be asked to adopt by motion and vote at it's February 4,2002 council meeting and second reading. She said at this time staff recommends approval of the proposed SDC amendments. Councilor Ballew asked where the four locations would apply, and asked if it were to apply at a new location, what action needs to be taken? . Ms. Summers said there would have to be a community recreation facility on site. She said the locations mentioned earlier are existing places. She said this could only be a secondary use to a community recreation facility. Ms. Summers said there would have to be a site plan submitted for the facility, and then another application for a well ness center. Councilor Simmons asked if there was a fitness center that is already in existence on the site prior to the adoption, would that now be considered non-conforming? A question was raised about a Wellness Facility or Exercise rooms at a school or at a private employer. City Attorney Joe Leahy said the goal of the staff was to not prepare of recommend an all- inclusive amendment. He said that staff would have to do some further research on the issues raised tonight before responding to council's questions. Councilor Hatfield suggested that this item be tabled and rescheduled for a work session in the near future, in order to allow staff the time it needs to address the questions raised. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR BALLEW TO TABLE THIS ITEM AND SCHEDULE FOR A FUTURE WORK SESSION DISCUSSION. THE MOTION PASSED WITH A VOTE OF 6 IN FAVOR AND 0 AGAINST. . Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 11 . 4. Public Hearing and First Reading of an Ordinance, and Public Hearing and Adoption of and two Resolutions Amending fees. ORDINANCE NO.5 - AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING APPENDIX L DEVELOPMENT CODE FEES. AS ESTABLISHED IN THE SPRINGFIELD DEVELOPMENT CODE. AND DECLARING AN EMERGENCY. RESOLUTION NO.6 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ADOPTING AN AMENDED MASTER SCHEDULE OF RATES, PERMITS, LICENSES, AND OTHER FEES AND CHARGES AS ESTABLISHED BY THE SPRINGFIELD MUNICIPAL CODE. RESOLUTION NO.7 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ADOPTING A MASTER SCHEDULE OF MISCELLANEOUS FEES . AND CHARGES, RATES, PERMITS, AND LICENSES. Finance Director Bob Duey was present for the staff report. He said the Resolutions and Ordinances being presented pertain to a variety of fees throughout the city. He said when staff completed the comprehensive fee review during1999, it was intended to both allow a comprehensive look at the current revenue program for fees and charges at the city, as well as provide a mechanism that would allow for annual reviews. He said the purpose of the annual reviews would be to ensure that the amount charged for services at the city would continue to . meet the Council adopted guidelines for cost recovery. . Mr. Duey said the annual review has been completed and the changes being recommended at this time for fees contained in the master schedules of miscellaneous fees, fees established by the Municipal Code, and fees established by the Development Code are being made to address the city's increased cost of providing these services. Mr. Duey said tonight the ordinance is scheduled for it's first reading only, and council could adopt the accompanying resolutions tonight if they choose to do so. Mr. Duey highlighted the information contained in the Agenda Item Summary (AIS). He said there is a correction in one of the charges (Attachment D page 4), Non~Resident Fee for Library Card. He said the Non Resident fee should be $33.00 for a 6-month card, and $18.00 for a 3- month card. He requested that if council approves this resolution tonight that they include in their motion the correction made to the library card fees. Councilor Ballew asked if tree-felling permits apply to the public right of way, or is it on any property? Planning Supervisor Mel Oberst said a tree felling permit applies city-wide to any property that is larger than 10,000 square feet, and that they are proposing to remove more than five trees greater than 5 inches in diameter at breast height. Councilor Ralston asked whether the alarm system license is for businesses or residences? . Community Services Manag~r Dave Puent said they are for both a residence and business. Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 12 . Councilor Simmons asked if the photo copy charges (Attachment A-6), whether that conforms with the freedom of information request and state statute as it relates to public records request. Mr. Duey said yes. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT RESOLUTION NO. 02-6. THE MOTION PASSED WITH A VOTE OF 61N FAVOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO A DOPT RESOLUTION NO. 02-7 WITH THE FOLLOWING CHANGE, THAT THE NON-RESIDENT LffiRARY FEES FOR SIX MONTHS BE $33.00, AND FOR THREE MONTHS BE $18.00. THE MOTION PASSED WITH A VOTE OF 6 IN FAVOR AND 0 AGAINST. 5. Public Hearing Regarding Written Offer to Purchase 22 Acres of City Owned Property. . John Tamulonis was present for the staff report. He said Arlie & Company submitted a written offer to the city on December 5, 2001, with conditions, to purchase the southern 22 acres of the 40-acre Sports Center site in the Gateway area in the amount of$5,350,000. He said the conditions of that offer are highlighted in Attachment 4 page I of the Agenda Item Summary (AIS). Mr. Tamulonis said based on an appraisal of the property, which was done by Duncan & Brown, Inc. on May 18, 2001, placed the value on the property of $5,510,000. After subsequent property sales in the area, an update by John Brown, on November 29,2001, re-affirms the appraised value as being within the expected range of values and revises the estimate of market value, effective November 26,2001, is $5,775,000. He said an updated review of the original appraisal by a second firm indicates a value of the property, effective November 20,2001, to be $5,100,000. Mr. Tamulonis said currently there are two lease options on the property in question. One for 40 years plus two 10 year renewals with Broad Base Programs, and then an additional 40 years with Kidsports. Mr. Tamulonis had an overhead map, and highlighted where the property was located, and responded to questions of the council. Councilor Simmons said regarding the north westerly boundary of the property adjacent to the woodland area, he is still not clear on that alignment, and the staff report still does not clarify how that alignment on the northwest side is done from the legal description. . Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 13 . Mr. Tamulonis said at this time it is the boundaries of the trees, and staff has been advised that the trees should be retained in that area as PLO and natural resources to form a corridor that runs along the Maple Island Slough. He said it has not been defined in exact acreage, but staffwould be looking at the continuing of the natural resource area into an underpass for water and animals onto the Eugene side of the freeway up in the northwest comer, and the exact boundaries will be determined later on. Mr. Tamulonis said now is the time for the council to hold the public hearing, and the nature of the transaction will be discussed in the executive session later in the evening. Councilor Ballew asked Mr. Tamulonis is the change of the uses of that particular property were changed in order to make it more appropriate to moving the sporting activities to another location, how much of that property would we then in total have. Would that 22 acres change, or would it be the same amount of property. Mr. Tamulonis said it would essentially be the same area. He said the_current site plan that includes the third field that was proposed by Kidsports doesn't quite carry up into the comer, so there is some area that would be suitable for the corridor. . Mayor Leiken said before he opened the public hearing he would like a clarification from City Attorney Joe Leahy, regarding several ofthe cards submitted to speak at tonight's meeting, but some are also specifically stating the subject of discussion is for the Sports Center itself, and the 32nd Street property. He said that does not really apply to the sale of this property, and asked whether that should be moved to Business from the Audience, which would be later in the agenda? Mr. Leahy suggested that the Mayor conduct the meeting in the normal manner, allowing a certain amount of latitude beyond why persons may have an opinion why it is relevant. But if someone came up and testified solely on the Sports Center at 32nd Street, he might suggest that that discussion would be more appropriate under Business from the Audience. City Manager Mike Kelly said to explain the process of what staff is suggesting for the council to consider tonight. He said there are three items, this item which is the potential sale of 22 acres of the existing sports center property, 2) a request to sell two acres of City owned property along the east side of Game Farm Road, and 3) the 32nd and Main Street agreement with some other parties for the relocation of the Sports Center and a creation of a Sports Center at 32nd and Main. He said staff is suggesting that all three of those topics be discussed in the executive session later in the evening, mainly for the fact to allow for some flexibility to either allow the council to either accept the offer, reject the offer, or to direct staff to negotiate different amounts. He said whatever the final decision is, staff would also suggest that a formal public hearing be scheduled on the final agreement with the parties in question, or the fmal proposal to sell, or what ever direction the council deems appropriate. Mayor Leiken said he would be moving two cards to Business from the Audience, those cards are from Mr. Freeman, and Mr. Keefer, the other cards submitted for discussion regarding this public hearing will be called in the order he received them. Mayor Leiken opened the public hearing. . Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 14 . 1. Richard Foley, 3255 Gateway, #241. Springfield, said he is speaking against the proposal to purchase the property, and against the proposal to rezone the property. He believes we need to make a commitment to the youth of Springfield. This has been in the planning for a number of years, and it is a beautiful site for what it is intended for. He said it appears we have come to a place now where we are now putting business interests and monetary gain ahead of what really could be something special. He said he does a lot of volunteer coaching, and sees the children playing and practicing, they are not getting into trouble. He said earlier in the meeting council heard discussions surrounding people getting into to trouble, and if we can keep the kids busy we may nothave some of the problems spoken about here tonight later down the road. He said council would be making a statement by putting kids first. He said he is seeing a lot of paving in the Gateway area, and this would be a chance to keep a little bit of that area open. If it becomes an industrial park that open space would be gone. He said the original commitment down the road named the street Sports Way, and he would like to see the council honor the original intent of that area and not be swayed by some of the new development being proposed. He said if the council decides to sell the property, he thinks they owe it to the residents of the city to actually get the fair market value and not the appraised value. . 2; John Corliss, 1322 Oksanna Street. Springfield, said he has submitted his written testimony as well. He is making a statement as a citizen, not in any other position. If ODOT felt that for some time that this land was really suited to recreation and open space, what are the new findings before the city now to rely on to changing it to commercial? What are those reasons, and what has changed? During the last 15 years he has lived in Lane County, and during that time at least two fifty year floods have occurred. Since the land is near the McKenzie River, is it safe to assume that balanced fill from this gravel site will withstand flood rivers from a 100 year flood when that occurs? It would easily reach and inundate this site. Remember that soil used as fill on a site is easy come easy go. You are using soil on the site, and that material can be moved by water as well as by bulldozers. Be asked council to think ahead a little bit about recent revetment work in Springfield, and asked if the Corps of Engineers are going to protect this site from that 100 year flood, who is going to pay for that, and who will maintain, and isn't this quite a burden to fasten onto citizens in the future in the community? He asked why the appraisers never mention any wetlands? Did they determine whether there was any hydric soil? He said the letter from Arlie dated June 20th, stating the decision to rezone is a condition of the relocation of the sports complex, it should not be considered separately from the adequacy of the 32nd and Main Street location. By considering the sites separately, the council gives all the chips to Arlie Lane. He hates to see the city giving up any opportunity. He said he is very interested in what the city is doing to the source of the water in that area. . 3. Gary Rayor, 2372 Washington Street, Eugene, He said is a Eugene City Councilor Ward 4, which is across the highway from the proposed development. He said he has submitted a letter, and said he would read what he thinks is issue 1) he said most ofthe increase in the land value, which was bought at $1,000.00 an acre, and now is worth something like 250 to 500 times, and most of that increase because of free land inside the UGB, access and utilities constructed are based on the promise it was for the region's kids. All of it may not have happened ifpeople knew that this would be the outcome. He said he voted to opt out of the decision on bringing the land into the UGB, which was the deciding vote, based on a Memo ofUnderstanmng between Eugene and Springfield. He said he feels it would be highly unethical to change the representation Springfield made to him and Eugene over the years, Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 15 . and to the other agencies that have assisted Springfield up to this point. 2) Gateway is a very traffic congested place, one of the reasons that Eugene opted out is that the sports complex with 160,000 square foot building would have generated 280-300 vehicle trips peak hour. At full build out the campus industrial zoning that could support up to 350,000 - 500,000 square feet of offices would generate over. 1 0 times that amount. He said the sports traffic would be mainly off hours and weekends, whereas the industrial zoning trips would be peak hours. Eugene is connected to Springfield by the 1-5 and Beltline interchange and Game Farm Road, and would be adversely affected. He said he has attached memos to his letter from Eugene traffic staff as backup data for the councils review. He said this appears to be driven, and takes exception with the appraisal, as it looks at is as campus industrial land. It does not seem that there is a complete understanding ofthe site if it is not also appraised as PLO land. He said that is a fundamental flaw of the appraisal. He said he feels like the whole deal is driven by a developer, and sees this as one of the worst government that he has ever seen. . 4. Gavlen Ohmart, 223 West 12th, Eugene, said he is the architect for the Springfield Sports complex, and he has been working over 3 years on the original 32nd Street site. He said there is a benefit to Broad Base for the move, and what is being heard tonight is about developers coming in and making a lot of money. When in fact, part of the situation is what this decision would do for Broad Base is when the building is moved to the new site, part of the agreement would be that Broad Base would own the land. That gives them equity in a building that they would not have had before. He said he would agree that the site might be better in the original location, the project may never happen in the original location; and the best way to get the Springfield Sports Complex to happen is by selling the land, rezoning the existing land, and making the deal. He said it is important not to disassociate one move from the other, this is for the good of the kids and the community, and would encourage the council to proceed with the sale of the property, taking the funds that are necessary to make Broad Base whole on the new site to allow the project to go forward. 5. John Crane, 2268 Lassiter, Eugene, said he represents Kidsports; the City Council has an exciting opportunity to make a decision for a defining moment in the City of Springfield. This proposed complex on 32nd and Main would benefit families, youth, and the businesses in the area. He said it would help the downtown area because regional tournaments will be brought in. He said Kidsports is supportive of this project, and thanked the Mayor and City Council for their time and consideration. 6. Larry Mann, 2247 N. 10th Street, Springfield, said he is the League President for the Emerald Girls Softball Association, also the President of the Blue Ribbon Volleyball Club. He said he is pulled both ways on the issue. 1) The Gateway area is excellent for any recreational actiVity. He said what parents are looking for is a complex that is near the hotel, restaurants, and shopping, very close. He said years ago a group of members on the sports commission were asked how to get a nice facility like this he is referring to. He said there was a search done statewide, and the original intent for this property was for public access. He said unfortunately the council is being forced to make a decision. He said the 32nd street idea is positive, but would like to see the current location used for it's original intent. The Gateway property is considered a diamond or a gem. He struggles as a coach to find gym space, and hopes he doesn't ~ave to travel to Eugene to find gym space for practicing with his teams. . 7. Bonnie Uhllman, 3350 Oriole Street, Springfield, said she represents the Game Farm Neighbors, she said as usual she has been talking to her neighbors, and a lot ofthem are very Springfield City Council Regular Meeting Minutes - January 22, 2002 i Page - 16 . dismayed at this turn of events because they have been following the Sports Complex in the neighborhood for a long time, and John has been kind enough to provide updates over the years. They are disappointed and dismayed that something else might happen to the land, rezoning is not what anyone had in mind for this property. Special light industrial is not a use they had planned or taken into account for traffic. It is an extreme disappointment to the Game Farm Neighbors. . 8. Larry Reed. Arlie & Co. 722 Country Club Road, Eugene, said he is the Director of Planning and Development for Arlie & Company. He said he thought it might be helpful to explain how Arlie and Company became involved with the offer to purchase the 22 acres. Suzanne Arlie read an article in December 2001 in the newspaper about Broad Base sports facility site, and how they were having difficulty-obtaining funding. Suzanne Arlie asked John Musemeci to contact the city to see if there was some way they could assist or be helpful both to Broad Base and the city to realize or achieve the goal of having a Springfield Sports Facility. John Musemeci subsequently contacted city staff about how Arlie and Company might help. Arlie and Company was already in the process of purchasing the 32nd and Main Street site that is represented on the site plan. Offers and counter offers have been made but the purchase had not closed and frankly there was no clear vision as to how the 36 acres should be developed. He said they asked city staff whether the 32nd and Main Street would be as good or better site than the 22-acre site along Sports Way. City staff answer was a much better site, and to be centered within Springfield to serve more of the youth in the center portion of Springfield. He said in fact staff indicated that the Sports Way site might be better used as an employment center, given its situation along the interstate. He said if they had been ;given any indication at that time that the city was not interested in their helping they would have stopped discussions at that time. However, during the informal discussions with city staff, staff made it clear that the city needed and had no money to make the improvements on the 32nd Street site, including improving 32nd Street. He said as part of that Arlie indicated they would be willing to purchase the 22-acre to provide the city with that cash to be able to do that. The purchase-valued campus industrial would provide the funding to finance those improvements. He said newspaper articles have tried to paint the picture that Arlie is trying to steal from the public, or take unfair advantage of the City. Arlie is making a fair offer, and the City has two appraisals on the 22 acres, and Arlie & Companies offer falls in between the two appraisals. He said Arlie & company does not need to purchase the 22 acres to be successful. He said if you can find a purchaser that is willing to pay the dollars that Arlie has, they do think the city owes it to the public to get seven or eight million from it. He said Arlie & Company would like to see this site to go forward. They believe that if the City can find a way to fund the improvements on 32nd Street, and the City doesn't need the money from the purchase, then they should keep the site. Arlie is prepared to give free title to Broad Base so that they can get equity and obtain financing for the project, and they are willing to sell to the City at their cost, the 20 acres for Willamalane to have a park. . 9. Laurie Segal. 120 West Broadway, Eugene, she appreciates the opportunity to speak, she said she appreciates the opportunity that the public hearing offers the opportunity for citizens to speak up about an important community issue. However, this current proposal has not been adequately addressed at the staff level, at least not for the public record, and not in a format that really speaks to the proposals merits or lack of merits. For example, this issue is broader than the value of the parcel has been determined to be. The valuation analysis of exchange available to the public via copies of appraisal reports, does not account for the fact that significant value was added when the Metro Plan was amended to bring the land into the Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 17 . UGB. The staff and appraisal reports make it clear that the value of this property exceeds the cost that the City of Springfield has actually incurred, and this city stands to profit. . While this potential profit to the city may be a financial bonus in the short term, longer-range considerations are in order. Also, since bringing land into the UGB isn't done every day, and is generally understood to be a land use action requiring among other things an analysis of the need for the action. It is important that people be reminded of some of the history of the exchange that made it possible for the city to even have this discussion. For instance, the intent of the land use action that made this possible was not financial gain for the city of Springfield. Rather it was the show of community support for a recreational facility not to exceed a 160,000 square foot of building area, meant to serve area youth and their families. Secondly, the parcel itself has not always been owned by the city of Springfield, the parcel was a contribution from ODOT. While the value increased when it was approved for annexation into the UGB, it is also increased as a result of infrastructure improvements that have come from contributions recommended by the county's Roads Advisory Committee. Local governments and citizen organizations have made other financial donations and in-kind contributions. The well-known intent was that the site was being improved for use as a recreational facility. The driving force behind these contributions of time and money was that kids were being served. It would be a breech of public trust to set this parcel up for conversion for other uses. In addition to these concerns, it is hard to avoid the traffic implications. When you consider the cities grappling with a lack of financial resources for upgrade and maintenance of existing local roads, it does not appear to be financially prudent for the City to open the public door for a new or extended roadway needs. She submitted her letter for the record. . 10. Dwight Purdy's name was called, but chose not to come forward. Mayor Leiken closed the public hearing, and said council would not be taking action on this item this evening, and that the City Council would be deferring the discussion to an Executive Session after the public meeting. Mr. Leahy said if there is any decision made in terms of a future disposition of the property, there will be another public hearing, and there will be notice in the newspaper, and opportunity for additional public input and comment. 6. . Decision Regarding Written Offer to Purchase City Owned Property. City Manager Mike Kelly was present for staff report. He said the requested action tonight is for the council to hold a public hearing, and defer discussion until the executive session. He said for background the city received a written offer from Arlie & Company, to purchase approximately 2 acres of land along the east side of Game Farm Road, south of Beltline Rd, right next to the existing SUB station site. He said the city has owned that property for a number of years, and thought it may in the future be a fire station site, but in fact the fire station was built closer to Harlow Road. He said it is a surplus piece of property. . Mr. Kelly said Arlie & Company made the offer dated November 26,2001. He said it was heard by the council on December 10t\ and at that time instructed staff to schedule a pubic hearing on that offer, and that is what it is scheduled for. As Mr. Leahy indicated, if it is the Council's desire to sell the parcel, we will then schedule a formal public hearing, and schedule in the future, again at the direction of the council. He said since that offer was made, and the council directed staff to Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 18 . hold the public hearing, Arlie and Company has sold their ownership in most ofthe Gateway area to Peace Health. In researching this item for tonight's meeting, the issue was referred to the City Attorney's office requesting clarification as to whether or not the city can sell the property to Arlie with the fact that Peace Health has picked up all of Arlie's rights and obligations in the Riverbend Complex, and in fact this two acre piece is referenced in the 94 acre annexation agreement. Mr. Kelly said the City Attorney said no; however Peace Health contacted the City Manager's Office later last week and said they were hoping that the city would continue with the scheduled public hearing, and in fact sell the 2 acre parcel to Arlie, as Peace Health and Arlie have a private agreement regarding the property in question. They told Mr. Kelly that it is timely for that issue to be considered. Mr. Kelly said based on that discussion, and in the benefit of being accommodating, staff re-noticed the hearing, provided Peace Health submitted a letter to the City urging the City to sell the property to Arlie. Mr. Kelly said the letter requested is included as an attachment to the AIS on this issue. Mr. Kelly said council has options: · To accept the offer for $55,000; · Direct staff to seek a different price; or · Based on the terms of the annexation agreement, the site could be gifted when they make their conveyances of property and money for Pioneer Parkway. Mr. Kelly said staff would seek direction in the Executive Session. . Councilor Hatfield asked for clarification regarding the terms of the annexation agreement. He said his understanding of the terms was that the city agreed to gift the 2-acre site in exchange for the Pioneer Parkway Right of way, which was estimated at approximately 1 Million at the time, as well as 2.75 Million in cash or construction of Pioneer Parkway. Mr. Kelly said yes, that is correct, and highlighted the discussions in the negotiations between himself and Mr. John Musemeci. Mr. Leahy said the council has no obligation to sell this property. In the event they choose not to sell it, is what will happen is there will be a $55,000 deduct from the off site contributions that Peace Health or their successor in interest will be required to pay at the time of the development, and at the time the annexation agreement begins. Mayor Leiken opened the public hearing. . 1. Larry Reed, Arlie & Co, 722 Country Club Road, Eugene, said the discussions regarding the purchase of this two-acre site as indicated by the City Manager. He said the site is located between south Game Farm Road and the SUB station. He said the annexation agreement documents the cities willingness to sell this piece to Arlie & Co., in recognition of Arlie's commitment for the donation of right of way of Pioneer Parkway. He said the reason it was important is because an adjacent piece would be land locked and important to get this two acres under the control of the developer to assist with the traffic flow. As part of Arlie's negotiations with Peace Health for the purchase of the entire River Bend site, it was the agreement that Arlie & Co, would complete the purchase of this piece of property, and donate to Peace Health this piece of land. Arlie again as an obligation to donate this land to Peace Health so they have control for access purposes to not put additional traffic out on the Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 19 . roadway. He said it does have tax advantages to Arlie & Company to handle it this way, and allow them to donate the land. Mayor Leiken closed the public hearing and said discussion would be deferred to the Executive Session. Mayor Leiken recessed the meeting at 8:45 pm. Mayor Leiken reconvened the meeting at 8:52 pm. BUSINESS FROM THE AUDIENCE 1. Guy Vance Freeman - name was called, did not come forward. 2. Bob Keefer, Superintendent Willamalane, 200 So. Mill, Street Springfield. Thanks the council for being visionaries and conducting the public hearing on the Sports Center Complex. Todaywhat he hopes to share is that Willamalane wants to be involved and wants to enhance the recreation facilities in Springfield. He said the Willamalane Board has been kept apprised of discussions occurring, and they want to be more involved. He said he has been given the authority to proceed with the negotiations and they are very supportive. They will and plan to be an active partner ifthe land is acquired to develop. He said there are a lot of opportunities available at this new proposed site. He said the reason that Willamalane is involved is because they want to enhance the vision over what was at the Gateway site, and they believe the 320d and MainStreet site provide that opportunity. . 3. Dwight Purdv, 1011 Harlow Rd., Springfield, said he is here to speak about the overall project at 320d and Main. He asked the council to keep their eye on the ball. . What were the factors that lead us here? There are some people that believe the highest and best use for the property on Sports Way is not public lands and open space, but campus industrial. It will hopefully provide more jobs for the community. Having wonderful sports complex at 320d Street will provide mid-Springfield that really deserves some help, something that the residents in this portion of the city could benefit from tremendously. It would provide a place for kids to go after school, provide a park and recreational facility that would add a tremendous-recreational corridor in the future. He said it is time to proceed with this, don't tie this into the sale of the property at Gateway. Go ahead and take the challenge, and approve the IGA. He is afraid if more strings are attached,.may lose the opportunities of some of the people who are backing this up. . 4. Larry Reed, Arlie & Co. 722 Country Club Road, Eugene, he asked to take the opportunity to tell the Council doesn't know much about Arlie & Company. He said it is a family owned company owned by Suzanne Arlie and John Musemeci. They moved to Oregon and were very successful about 11-12 years ago, sold companies in California. They moved to Eugene in the summer 1999, when they became more active in the development business they renamed the company Arlie & Company. He said there are two divisions, 1) property management, 2) Arlie Development. He said their philosophy is to work with communities and find their needs and try to fill that need. The needs may vary depending on the community. The guiding principle is that they want to do projects in the right way; they do not skimp or try to avoid cost, and try to do all the environmental studies prior to doing any designs. He said on the Riverbend project they spent almost $300,000 in costs to do all the Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 20 . studies necessary. In a nice place to live there is going to be growth, and the only way that you deal with growth is through proper planning. He said this presents a wonderful opportunity for parks and open space in mid-town Springfield, and is one of the things they would like to work for and with Springfield. They want to make a profit, but they want to try and give back to the community as well. BUSINESS FROM THE COUNCIL 1. Committee Appointments. a. Budget Committee Appointments. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO APPOINT CHRISTINE LARSON AS WARD ONE BUDGET COMMITTEE REPRESENTATIVE, WITH A TERM EXPIRATION DATE OF DECEMBER 31,2004. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Library Board Appointments. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO RE-APPOINT DOROTHY VELASCO TO THE LffiRARY BOARD, WITH A TERM EXPIRATION DATE OF DECEMBER 31,2005. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . IT WAS MOVED BY COUNCILQR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO APPOINT JOANNA VANDEWALKER TO THE LffiRARY BOARD EFFECTIVE MARCH 15, 2002, WITH A TERM EXPIRATION DATE OF DECEMBER 31,2003. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from the Council. a. Councilor Hatfield said he appreciated Councilor Rayors' comments; the council appreciates his concerns and comments. He said for the record it is important to note that they formally and in writing noticed Eugene of our intent to possibly rezone and sell this property last summer. At that Eugene was asked if they wanted to opt into the process or not, and they chose not to. He said personally he spoke at length with Councilor Rayor in September on the purpose ofthis issue; at that time Councilor Rayor said he understood the issue. He said Councilor Rayor may disagree with the . Springfield City Council, and that is his right to do say, however for him to say that this is the worst government he has ever seen is clearly uncalled for, immature, and very unprofessional. b. Mayor Leiken said he spoke to Councilor Rayor during the recess, and he extended his apologizes to the Mayor. c. Councilor Fitch said earlier in the evening the Springfield Downtown Station Design Committee met, and will be meeting for the next several months, and said she will be chairing that committee. . Springfield City Council Regular Meeting Minutes - January 22, 2002 Page - 21 . d. Councilor Ballew said the Metro Wastewater Management Commission is working on the Budget preparation. She said the Workforce Partnership is putting together an expo of some targeted employers, and are hoping to get their cooperation and interest to focus on specific jobs in an effort to have the labor force available to fill the jobs when read. She said she will be attending the LOC legislative meeting on Friday, and asked for any input from fellow councilors. e. Councilor Hatfield said the PSCC is struggling with potential budget cuts; they are not entirely sure where the cuts will take place. He said he attended a two-day LOC meeting in Portland, and all the cities in Oregon are in this together. He said the LOC is taking some initiatives regarding regulatory relief from various areas in order to utilize the funds we have more efficiently. He said it is a very exciting time to be in Oregon. f. Mayor Leiken said TEAM Springfield received an award from LCOG, congratulated all the partners involved, and proud of their hard work in coming together. He said he very much appreciated the recognition. . BUSINESS FROM THE CITY MANAGER 1. Authorize the City Manager to enter into a contact with Tidemark Solutions for the Purchase or a Building Permit Administration, Land Use Management, Code Enforcement and Cashiering Software System. . Dave Puent said the funding is budgeted for the software solutions for the Planning, Building Code, Code Enforcement, and cashiering. He said also included in this software program is the ability to go online to provide a higher level of service to the citizens/customers. Mr. Puent responded to questions of the council related to the software included. IT WAS MOVED BY COUNCILOR HATAFIELD, WITH A SECOND BY COUNCILOR FITCH TO AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH TIDEMARK SOLUTION IN THE AMOUNT OF $244,659 FOR THE PURCHASE OF A BUILDING PERMIT, LAND USE, CODE ENFORCEMENT AND CASHIERING SOFTWARE SYSTEM. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY 1. Request from the South 79th Street Improvement district to Rescind Council Condition on Resolution 01-61. Planning Supervisor Mel Oberst was present for the staff report. He said on November 5,2001, council approved Resolution 01-61 initiating an extraterritorial water line extension to the South 79th Street Improvement District. As a condition of that approval, the council required property owners within the district to sign a deed restriction specifying that no further division of land may occur until adequate storm water and waste water services were available to their property. The . . . . Springfield City Council Regular Meeting Minutes - January 22,2002 Page - 22 Improvement District contends that many of its members find the deed restriction "too restrictive and onerous" and refuse to give away more of their property rights. Mr. Oberst said he has reviewed this issue from a land use side, and almost all of the parcels are eligible to be partitioned to smaller lots. He said with the provision of water that facilitates that division of land. Mr. Leahy responded to legal questions of the council. Mr. Oberst responded questions related to planning and land division questions. Mr. Oberst said the options are to either stay with the original decision of the deed restrictions, or do away with the deed restriction. Mr. Leahy said another option is to simply place a Notice on the deed that runs with the land that there is some recitation regarding the non availability of storm sewer capacity, and that buyer beware. It would not be an absolute prohibition. He said he would be happy to prepare a Notice for council review if they chose to direct him to do so. The council discussed the issue that this is outside the City limits of Springfield, and they are here to protect the citizens of Springfield. After further discussion, there was no consensus to change. ADJOURNMENT The meeting was adjourned at 9:35 p.m. (' Minutes Recorder - Kim Krebs ~ Kim Krebs, City Recorde