HomeMy WebLinkAbout01/18/2000 Regular
,/
.
.
.
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
TUESDAY, JANUARY 18,2000
The City of Springfield Council met in Regular Session at Springfield City Hall, City Council
Meeting Room, 225 Fifth Street, Springfield, Oregon, on Tuesday, January 18,2000, at 7:00
p.m. with Mayor Weathers presiding.
ATTENDANCE
Present were Mayor Weathers and Councilors Ballew, Fitch, Hatfield, Leiken, Lundberg, and
Simmons. Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi,
City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, AIC City Recorder Shari
Higgins and members of staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Weathers.
INVOCATION
The Invocation was provided by Reverend Ron Coleman, Thurston Christian Church.
SPRINGFIELD UPBEAT
1. Mike Kelly presented MaryJean Payne and Valerie Nardo from the Finance Department with
the Audit award from the Government Finance Officers Association (GFOA). He also
presented Carl Burgdorfer with the GFOA award for Budget, for the years ending June 30,
1998. Congratulations were shared by Mayor Weathers and Council President Ballew on
behalf of the council.
2. Mayor Weathers thanked the City of Springfield staff for their efforts on Y2K, especially the
AFSCME Union members who switched their holiday from January 1 to January 3, 2000, to
assist the city. Mike Manely, Union President was present and accepted the recognition.
3. Mayor Weathers acknowledged the city's participation in the January 17, Martin Luther King
event at Willamalane Senior Center. She thanked Councilors Leiken and Lundberg who were
also present at the event.
4. Mayor Weathers stated she accepted an award from Lane Council of Governments for the
Elected Official of the Year at annual dinner meeting. She said thank you to the council for
its on-going help in leading Springfield government.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HATFIELD, TO ADOPT THE CONSENT CALENDAR, WITH ITEMS 5 C, 5 D, AND 5 E
REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
City of Springfield
City Council Meeting - 1/18/00
Page 2
. 1. Claims
2. Minutes
a. December 6, 1999 - Work Session
b. December 6, 1999 - Regular Meeting
c. December 13, 1999 - Work Session
d. December 13, 1999 - Regular Meeting
3. Resolutions
a. RESOLUTION NO. 00-1 - A RESOLUTION TO ACCEPT PROJECT P20 1 06 FROM
ROGER LANGELIERS CONSTRUCTION CO. IN THE AMOUNT OF $77,728.59.
b. RESOLUTION NO. 00-2 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30134:
FRANKLIN BOULEVARD SANITARY SEWER PUBLIC IMPROVEMENTS.
c. RESOLUTION NO. 00-3 - A RESOLUTION TO ACCEPT PERMIT PROJECTS P30085
AND P30086: FAIRHAVEN SUBDIVISION STREET, DRAINAGE, SANITARY
. SEWER, STREET LIGHTS, DRIVEWAYS, AND SIDEWALKS PUBLIC
IMPROVEMENTS.
.
d. RESOLUTION NO. 00-4 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30129:
BALCOM SUBDIVISION PUBLIC IMPROVEMENTS.
4. Ordinances
a. ORDINANCE NO. 5954 - AN ORDINANCE AMENDING CHAPTER 5, "PUBLIC
PROTECTION," ADDING PROTECTIONS FOR THE RESIDENTS OF THE CITY BY
PROHIBITING THE RIDING OR STORAGE OF BICYCLES ON CERTAIN PUBLIC
PROPERTY.
b. ORDINANCE NO. 5950 - AN ORDINANCE AMENDING SECTION 5~132
REGARDING THE PROHIBITION OF SKATEBOARD AND IN-LINE SKATES
WITHIN A CERTAIN SPECIFIED AREA TO INCLUDE A PROHIBITION
PROHIBITING THE USE OF SKATES WITHIN THE SAME SPECIFIED AREA.
c. ORDINANCE NO. 5951 - AN ORDINANCE AMENDING CHAPTER 5, "PUBLIC
PROTECTION," PROVIDING PROTECTIONS FOR RESIDENTS BY PROVIDING
REGULATIONS FOR THE PROPER USE OF THE CITY LIBRARY.
d. ORDINANCE NO. 5952 - AN ORDINANCE AMENDING CHAPTER 5, "PUBLIC
PROTECTION," ADDING PROTECTIONS FOR THE RESIDENTS OF THE CITY BY
PROHIBITING DISORDERLY CONDUCT AND HARASSMENT ON PUBLIC AND
PRIVATE PROPERTY
.
City of Springfield
City Council Meeting - 1/18/00
Page 3
.
e. ORDINANCE NO. 5953 - AN ORDINANCE AMENDING CHAPTER 5, "PUBLIC
PROTECTION," SPRINGFIELD MUNICIPAL CODE SECTION 5.064 (I)(a)
"APPLICATION AND AMENDMENT" ADDING CERTAIN INFRACTIONS TO THE
SPRINGFIELD MUNICIPAL CODE TO WHICH THE CIVIL INFRACTION
PROCEDURE APPLIES.
5. Other Routine Matters
a. Approve the Proposed Amendment to the Guaranteed Cost Per Front Foot Street
Improvement Program Policy.
b. Approve Bargain and Sale Deed Conveying to Lane County Public Right-Of-Way and
City Owned Property in the Vicinity of South 57th Street and Daisy Street.
c. December 1999 Disbursements for Approval.
ITEMS REMOVED FROM THE CONSENT CALENDAR
c. Accept Bid from Kendall Ford in the Amount of$12,360.60 for a One-Ton Utility Truck.
d. Accept Bid from Kendall Ford in the Amount of$14,350.85 for a One-Ton Truck.
.
e. Accept Bid from Kendall Ford in the Amount of$14,126.55 for a Pickup
Councilor Simmons spoke regarding items 5, C, D and E. He felt the state contract information
should be listed, as well as the salvage value. He gave an example of using the state contract
without trade and how our current Fund 13 replacement schedule applies. Councilor Simmons
said he felt that council needed more detailed information on future purchases, as well as an
explanation of how Fund 13 is managed.
City Manager Mike Kelly responded by explaining Fund 13, and said it would be discussed in
detail at upcoming Budget Committee meetings. Regarding the second part of Councilor
Simmons' concern, state bids versus the competitive bid process, Mike said staff could include a
comparison on all future bid requests.
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HATFIELD, TO ADOPT ITEMS 5 C, D AND E ON THE CONSENT CALENDAR. THE
MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (SIMMONS).
PUBLIC HEARINGS
1. Establishing Liens for Grass and Weeds Cutting Charges.
.
RESOLUTION NO. 00-5 - A RESOLUTION THAT THE FINANCE DIRECTOR OF THE
CITY OF SPRINGFIELD BE AND IS HEREBY DIRECTED TO ADD TO THE LIEN
DOCKET THOSE OF THE PROPOSED ASSESSMENT LIENS WHICH ARE UNPAID BY
FEBRUARY 15,2000, UPON THE PROPERTIES DESCRIBED ON THE ATTACHED
LIST, AND BENEFITED BY THE ABOVE DESCRIBED NUISANCE ABATEMENT.
City of Springfield
City Council Meeting - 1/18/00
Page 4
.
Finance Director Bob Duey was present for staff report. He said the Fire and Life Safety
Department runs the Grass and Weeds Abatement program until time that past due payments
occur, and then they are turned over to the Finance Department.
Mr. Duey explained that under the authority of the Springfield Municipal Code and the
Uniform Fire Code, which liens may be placed on underlying real property as a means of
enforcing collection of the Grass and Weeds cutting charges. There were 229 notices for cut
sent, 35 cut orders issued, and 31 that were actually cut. Of those cut, 16 have paid and 12
have not paid, totaling $5,575.00
Mr. Duey explained that the process from this point forward is to place liens against property,
while continuing to work with property owners. The liens can include properties in
foreclosure sale in the future, but he said the amounts are not usually enough for inclusion,
and the liens are usually paid when property changes ownership.
Councilor Ballew asked if the city reviews the cutting costs annually. Mr. Duey said the fees
had not been included for fee review yet, but the Fire and Life Safety Department contracts
for the cutting and fees associated with the cut.
Mayor Weathers opened the Public Hearing.
.
1. NickShevchynski, P.O. Box 326, Creswell, OR, spoke about the current process for
collecting grass and weeds fees. He sated he had a prior experience with the program.
Mr. Shevchynski also said he objects to prayers (Invocations), given at the beginning of
each meeting and that the city should separate church and state.
Mayor Weathers closed the Public Hearing.
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HATFIELD, TO ADOPT RESOLUTION NO. 00-5. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
2. Resolution Initiating an Annexation and Extraterritorial Sanitary Sewer Extension to the City
(Journal Number 1999-12-296 - Midway Manor Mobile Home Park).
RESOLUTION NO. 00-6 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE
COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE
EXPEDITED ANNEXATION AND EXPEDITED EXTRATERRITORIAL SANITARY
SEWER EXTENSION
.
Planner I Sarah Summers was present for the staff report. She said the property was within
the Springfield Urban Growth Boundary (UGB) and adjacent to city limits, across Henderson
Street. The applicant submitted an application on behalf of Midway Manor Mobile Home
Park as the annexation is needed due to failing septic services and the park must connect to
the Sanitary Sewer. It is served by the Glenwood Water District, under contract by EWEB.
Ms. Summers said that the Springfield Utility Board, the Eugene Water Electric Board, and
the Glenwood Water District would work out a contract.
City of Springfield
City Council Meeting - 1/18/00
Page 5
.
Ms. Summers said staff recommended approval and the Annexation met the requirements in
the Springfield Development Code. The annexation will be forwarded to the Boundary
Commission for expedited approval.
Mayor Weathers opened the Public Hearing.
No one appeared to speak.
Mayor Weathers closed the Public Hearing.
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HATFIELD, TO ADOPT RESOLUTION NO. 00-6. THE MOTION PASSED WITH
A VOTE OF 6 FOR AND 0 AGAINST.
CORRESPONDENCE AND PETITIONS
1. Correspondence from Richard D. Curtis, P.O. Box 42068, Eugene, Oregon, Regarding His
Resignation as Presiding Judge of the Springfield Municipal Court Effective April 1, 2000.
2. Correspondence from James A. Strickland, 96 E. Broadway, Suite 3, Eugene, OR 97401,
. Regarding His Interest in Filling Judge Curtis's Position with the Springfield Municipal
Court.
.
3. Correspondence from Jon A. Joseph, 344 A Street, Springfield, Regarding His Interest in
Filling Judge Strickland's Position with the Springfield Municipal Court.
4. Correspondence from Paul Jasheway, Referencing the TransPlan Minus the Valley River
Bridge.
Finance Director Bob Duey spoke regarding the process for filling the Presiding Judge
position. He said council could choose either new judge candidates or replace with an
existing Pro-Tern judge being elevated to presiding judge. With the resignation of Judge
Curtis formally, the Finance & Judiciary subcommittee would meet on January 21, to discuss
the recruitment process.
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HATFIELD, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments.
Mayor Weathers stated she would review committee assignments in the near future.
2. Business from Council
.
a. Committee Reports.
City of Springfield
City Council Meeting - 1/18/00
Page 6
.
1. Councilor Ballew said it was nice to Welcome Senator Wyden to Springfield.
2. Councilor Simmons reported on the McKenzie Watershed Council. He said they recently
voted to approve the MECT Grant, which City Manager Mike Kelly would sign if there
is no opposition on January 28, 2000.
3. Councilor Leiken said Lane Regional Air Pollution Authority hired a new director who
began his tenure on January 11,2000. Brian Jennison will also reside in Springfield.
4. Councilor Ballew reported that the Metropolitan Wastewater Management Commission
has a committee working on the process for problems and back up in sewer lines.
5. Councilor Ballew reported on the League of Oregon Cities Finance Committee, which
is reviewing urban renewal finance issues.
6. Councilor Fitch reported on the Springfield Renaissance Development Corporation. They
have met with Congressman DeFazio and Senator Wyden recently and were warmly
received by both. The business plan for the McKenzie Theater will be presented in
approximately 60 days, not 45 days, due to the relationship that SRDC has with students
from the University of Oregon. The city expects to highly benefit from the project.
.
7. Councilor Simmons provided a copy of a brochure regarding concrete and felt the city
should review the concept, which he felt would save the city money on future street
projects.
b. Other Business
1. Mayor Weathers reminded council of the January 19,2000 Joint Elected Officials meeting
at the City of Eugene.
2. Mayor Weathers reminded council of her January 24,2000 State of the City Address.
BUSINESS FROM THE CITY MANAGER
1. Resolution Initiating Project No. P20148, Street Improvements for South 48th Street from
Main Street South to Aster Street, Aster Street from South 48th Street to South 49th Place,
and Vicinity.
City Engineer Al Peroutka was present for the staff report. He said the city had worked with
staff from the Oregon Department of Transportation on the signalized access off of Main
Street on the south side, to 48th that is a collector street.
.
Mr. Peroutka provided specifics regarding the improvement project. He said developers of
the old drive-in site had asked council to initiate a project to construct the improvements
through the formation of a Local Improvement District (LID).
City of Springtield
City Council Meeting - 1/18/00
Page 7
.
Mr. Peroutka said adoption of the Resolution of Intent is the first step in the improvement
process, but did not mean the project would be initiated in the future. He explained that
improvement agreements were recorded during the partition process and when the project
reached the construction level, that the agreements would be used. There would be no future
obligation at this time, but approval of the resolution would allow staff to move forward and
work on possible design and project details.
..Mr. Peroutka said the improvement project was not a perfect solution and that staff would
. like waivers.on assessment financing criteria, due to not having a minimum level of
, , undeveloped property, plus a two to one assessment ratio. He explained that Finance
Director Bob Duey was involved in the project. The City Council could take the project as an
exception, not like previous Bancroft properties and issues associated with that type of
financing.
Mr. Peroutka said that Weyerhaeuser has a buyer for a portion of the property that they own.
There is also an agreement between the city and Weyerhaeuser regarding completion of 48th
Street and the provision for right-of-way use. Mr. Peroutka said the agreement did not speak
to a partial improvement, but that the city would continue to work with Weyerhaueser
regarding the issue and the city may need to purchase other property in the future to provide
for condemnation. The request by the developers of the property (already in a Development
Area Plan (DAP) is to have the project completed by the end ofthis construction season.
.
Councilor Hatfield asked for details of the property owners for parcels one, two and three, as
shown on Attachment C of the Agenda Item Summary (AIS). Councilor Lundberg inquired
about the endangered species plant and what future implications it might cause. Mr. Peroutka
said it was not an anticipated large type of problem at this point. Councilor Simmons asked if
the property had been surveyed. Mr. Peroutka responded yes, but that it would need to be
done again in the spring season.
Councilor Ballew asked Mr. Duey to continue working with Public Works Department staff
on the financial aspects.
Michael Connors, 1300 S.W. Fifth Street, Suite 2300, Portland, spoke representing a potential
property owner, Steve Bergstrom. He stated Mr. Bergstrom had an option to purchase the
Weyerhaeuser property and was under the understanding that when the initial agreement was
entered into between the city and Weyerhaeuser, that access would be taken from South 49th
Place.
.
Mr. Connors stated that Weyerhaeuser had not been kept apprised of the possible
improvement district approval, and the current proposal would cause development issues for
his client. He said Mr. Bergstrom is currently conducting a traffic study, at his own expense,
to evaluate what options occur due to the DAP development which has already occurred by
the Assisted Living Center and the Post Office. At this point, Mr. Connors asked council not
to move forward with the adoption of a Resolution of Intent at this time. In closing, Mr.
Connors requested a copy of the AIS, Attachment D, which they had not received prior to the
meeting.
City of Springfield
City Council Meeting - 1/18/00
Page 8
.
Councilor Hatfield stated he was a part of this discussion at the Planning Commission last
year. Mr. Connor said the street improvement project would decide all options for future
development. His client needs full access to 48th street or a determination if 49th place is a
viable option, prior to the creation of a local improvement district.
Councilor Hatfield asked how an LID would preclude Mr. Bergstrom from development of
the Weyerhaeuser property, as the Resolution ofIntent would just allow our City Engineer to
examine the options and work with the developer and property owners.
Mr. Connor said he and his client would be willing to work with the city. City Attorney Joe
Leahy clarified for the record that the City Attorney's Office had not reviewed the city's
agreement with Weyerhaeuser and was not prepared to discuss without review.
Councilor Simmons said the crossing ofWeyerhaeuser's Haul Road would be important. He
suggested that all parties leave as many options open as possible. Mayor Weathers asked
staff to consider the stub portion of South 49th Place and assured Mr. Connor that the council
would not vote to eliminate a property owner's access to his property.
.
Mr. Bergstrom spoke and said he is under the third year of a contract with Weyerhaeuser for
the purchase of the property. He clarified the intent of his agreement and stated he had not
been notified either by Weyerhaeuser or the city regarding the LID, the development of the
Assisted Living Center, or the Post Office. Councilor Hatfield clarified that access was given
from Main Street for the completed developments and they did not impede the property
owned by Weyerhaeuser.
Mr. Bergstrom said that Weyerhaeuser is not willing to dedicate right-of-way with full street
dedication. Mr. Leahy said he would like to review the agreement between the city and
Weyerhaeuser. After further discussed, the council felt they had not been persuaded not to
enter into a Resolution of Intent for the project. Although they noted that they would ask the
City Attorney to work with staff and Weyerhaeuser on the details and issues brought up this
evening. They also felt that the intent would not hamper the purchase option that Mr.
Bergstrom currently has.
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HATFIELD, TO ADOPT THE RESOLUTION OF INTENT TO CONSTRUCT STREET
IMPROVEMENTS FOR SOUTH 48TH STREET FROM MAIN STREET SOUTH TO
ASTER STREET, ASTER STREET FROM SOUTH 18TH STREET TO SOUTH 49TH
PLACE, AND VICINITY. THE MOTION PASSED BY A VOTE OF 6 FOR AND 0
AGAINST.
2. Emergency Award of Sewer Investigation, Immediate Emergency Response and
Replacement Work.
City Engineer Al Peroutka said there was an investigation of the sewer at Neste Resins
and the city found a sewage back up in pipelines this weekend, just west of the Neste plant.
Mr. Peroutka said Maintenance Supervisor Keith Miyata was present for the staff report.
.
City of Springfield
City Council Meeting - 1/18/00
Page 9
.
Due to the nature of this back-up and the emergency status, staff did not feel that the formal
bidding process would be acceptable due to the timelines. Permission was sought from
council to allow the City Manager to award the repair bid to Hand J Construction for pipeline
replacement, not to exceed $100,000. Mr. Peroutka said the city is investigating the back up
at this time. It is estimated that the problem had been occurring for nine-months, but since
the city had been contracted regarding discharge from the sewer, they responded and found
the backup issue.
Councilor Simmons said Neste Resins should advance the city or our insurance carrier
funding. In addition, the city should seek consultant advice regarding our procedures, to
protect the city's interests.
Mayor Weathers said the city should contact the Department of Environmental
Quality (DEQ) to help in discovering what went wrong. Mr. Peroutka said the city is
investigating currently and would notify each property owner as the process continues. Also,
the city will replace legal fences, vegetation or small items constructed with permits. If
a fence or structure is placed over easements without permits, then no replacement can occur.
.
IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR
HA TFIELD, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT
. WITH H & J CONSTRUCTION TO PERFORM WORK, AS DIRECTED, TO ASSIST IN
. THE INVESTIGATION, EMERGENCY RESPONSE AND SEWER PIPELINE
REPLACEMENT IN THE AMOUNT NOT TO EXCEED $100,000. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY ATTORNEY
Mr. Leahy said a memo regarding the mediation from the Levi Landing appeal would be sent to
the City Council.
ADJOURNMENT
The meeting was adjourned at 8:15 p.m.
Minutes Recorder - Shari Higgins
~ ~i2l2e~'
~)w((~~M~yr&X "
Anne Ballew, Council President
ATTEST:
~"
City Recorder
.