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HomeMy WebLinkAbout01/19/1999 Regular -- :. . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY, JANUARY 19,1999 . The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Tuesday, January 19, 1999, at 7:00 p.m., with Mayor Maine presiding. ",";.!'I ATTENDANCE Present were Mayor Maine, Councilors Ballew, Hatfield, Leiken and Simmons. Councilors Fifth and Lundberg were absent (excused). Also present were City Manager Michael Kelly, \ A~sistillit City Manager Gino Grimaldi, City Attorney Joe Leahy, Senior Management Analyst , Ro~~;e Pryor, City Recorder Julie Wilson and members of the staff. ,.' ;~ PLEDGE OF ALLEGIANCE . . S' ,~ ; l!,.' T4~ Pledge of Allegiance was led by Mayor Maine. . ": > ~ ,.,' < ,-~' INVOCATION - Reverend Jeff Savage, First Baptist Church. .r;; '".:\ : , . '. .->- : 7:. ';~';: SPRINGFIELD UPBEAT i .t3~('/ {; ;',:. 1. . Ci~X 11anager Mike Kelly recognized Ron Sather, Public Works Department, for 25 years of nsetv1Ce to the city of Springfield. Mr. Sather was not in attendance and his plaque would be .ifoKv;irded to the Public Works Director for presentation. I ";j\A;:~':." CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 1. Claims :. "l:" a. Approve the November 1998 Disbursements for Approval. . ~~ i i}~.~;:> " ',. . . 2. Minutes ',,..-."" a. December 7, 1998 - Work Session b. . December 7, 1998 - Regular Meeting c. December 12, 1998 - Goal Setting Session d.becember 14, 1998 - Work Session e. ;j December 14, 1998 - Regular Meeting ~ City Council Regular Meeting Minutes January 19, 1999 Page 2 . 3. Resolutions a. RESOLUTION NO. 99-1-A RESOLUTION TO ACCEPT PROJECT 2-019, WEST M STREET IMPROVMENTS, PRESCOTT LANE TO MILL STREET, AND VICINITY, FROM DELTA CONSTRUCTION CO., IN THE AMOUNT OF $227,642.21. b. RESOLUTION NO. 99-2 - A RESOLUTION TO ACCEPT PROJECT 2-063, HARLOW ROAD OVERLAY, FROM 300 FEET WEST OF DORNOCH STREET TO PHEASANT BOULEVARD, FROM MORSE BROS., INC., IN THE AMOUNT OF $311,473.67. c. RESOLUTION NO. 99-3 - A RESOLUTION TO ACCEPT PROJECT 3-027, THE VILLAGE AT EMERALD PARK PUBLIC IMPROVMENTS. d. RESOLUTION NO. 99-4 - A RESOLUTION TO ACCEPT PROJECT 3-042, JAMES GARDENS SUBDIVISION PUBLIC IMPROVEMENTS. 4. Ordinances 5. Other Routine Matters . a. b. Accept the 1997/98 Comprehensive Annual Financial Report and Management Letter. Accept the December 1998 Quarterly Updated Financial Reports. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Establishing Liens for Grass and Weeds Cutting Charges. RESOLUTION NO. 99-5 - 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 16, 1999, UPON THE PROPERTIES DESCRIBED IN THE STAFF REPORT, AND BENEFITED BY THE DESCRIBED NUISANCE ABATEMENT. Finance Director Bob Duey presented the staff report on this issue. Under the authority of the Springfield Municipal Code (5.006) and the Uniform Fire Code (Appendix II-P), liens may be placed on the underlying real property as a means of enforcing collection of the grass and weeds cutting charges. The Council is requested to establish liens for these charges totaling $2,689.50. . Each summer the Department of Fire and Life Safety notifies property owners whose grass and weeds constitute a fire hazard. Property owners are given ten days to comply with the City Council Regular Meeting Minutes January 19, 1999 Page 3 . Code by cutting the grass and weeds themselves. If the property owner fails to do so, the city hires a contractor to do the work. Property owners are then billed for the cost of cutting their weeds. Approximately seven accounts totaling $2,689.50 remain unpaid. Owners ofthese properties were notified that the city intends to place liens on their property, and informing them of the public hearing. These liens are subject to immediate foreclosure under the city's normal process, which may end in a foreclosure sale. Mayor Maine opened the public hearing. No one appeared to speak. Mayor Maine closed the public hearing. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LEIKEN, TO ADOPT RESOLUTION NO. 99-5. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 2. Budget Transfer and Supplemental Budget Resolutions. . RESOLUTION NO. 99-6 - A RESOLUTION REDUCING APPROPRIATIONS IN THE SPECIAL REVENUE FUND, RECOGNIZING AND APPROPRIATING GRANTS IN THE MUSEUM FUND AND TRANSFERRING AND REAP PROP RIA TING FUNDS IN THE GENERAL FUND, THE SPECIAL REVENUE FUND, THE TRANSIENT ROOM TAX FUND, VEHICLE AND EQUIPMENT FUND, AND THE G.O. BOND CAPITAL PROJECTS FUND. RESOLUTION NO. 99-7 - A RESOLUTION RECOGNIZING AND APPROPRIATING PROCEEDS IN THE GENERAL FUND, AND THE ADJUSTMENT OF BEGINNING CASH IN THE METROPOLITAN WASTEWATER FUND. Finance Director Bob Duey presented the staff report on this issue. Several times throughout the fiscal year the Council is requested to make adjustments to the budget to reflect needed changes in planned activities, to recognize new revenues such as grants, or to make other required adjustments. The overall financial impact of the regular budget transfer resolution is to reduce the budget by $40,000 due to adjustments in cash balances; recognize $5,500 in grants, and to transfer and re-appropriate $430,U4. The overall financial impact of the supplemental budget is to increase total appropriations by $1,648,662. Mayor Maine opened the public hearing. No one appeared to speak. Mayor Maine closed the public hearing. . IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LEIKEN, TO ADOPT RESOLUTION NOS. 99-6 AND 99-7. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. City Council Regular Meeting Minutes January 19, 1999 Page 4 . 3. Mohawk Boulevard Specific Development Plan. RESOLUTION NO. 99-8 - A RESOLUTION ADOPTING THE MOHAWK SPECIFIC DEVELOPMENT PLAN. Senior Management Analyst Cynthia Pappas presented the staff report on this issue. In 1996, the city of Springfield received a Transportation Growth Management grant through the joint program of the Oregon Department of Transportation and the Department of Land Conservation and Development. The Mohawk Citizen Advisory Committee, comprised of property owners, residents and business owners, as well as ex-officio representative from the Planning Commission and City Council, met over the past year and a half to develop the recommendations contained in the MSDP. The plan has undergone an extensive public review process including a public workshop attended by 75 Mohawk area residents and three public hearings conducted by the Planning Commission. . The MSDP is intended to facilitate development of a vibrant, mixed-use area along the segment of Mohawk Boulevard bounded by the Eugene-Springfield Highway on the north, E Street to south, 21 st Street to the east, and 12th Street, Willamalane Park and 10th Street to the west. The plan emphasizes pedestrian connectivity, enhanced transit service and integration of the hospital and the park with existing commercial uses. Implementation of the MSDP will require amendments to the Springfield Development Code and the Metro Plan. Public hearings will be held by the Planning Commission and City Council once code amendment language is drafted. Ms. Pappas reviewed language contained on page 20 of the staff report and read item number five and provided new language. It would amend Article 31 (Site Plan Review) to encourage,. through the development process, enhanced landscaping atentryways to the Mohawk District and transition areas between commercial areas and established neighborhoods. Ms. Pappas also reviewed page 20, item number six of the staff report. New language would amend Article 31 (Site Plan Review) and other applicable articles pertaining to off-street parking requirements to allow for a range of parking. . Ms. Pappas discussed Appendix B, page 3, of the staff report, access engineering traffic impact study. She said the consultant listed two mitigation measures to provide for an acceptable level of service at the intersection of Mohawk and Hwy. 126. Near the bottom of City Council Regular Meeting Minutes January 19, 1999 Page 5 . page 3, mitigation alternatives, there were two bullets listed, those should have been included in the recommended list of public improvements, found on page 16. Mayor Maine opened the public hearing. 1. Claudete Eikenberry, 2380 A Street, # 13, Springfield, expressed concern regarding the dividers on Mohawk Blvd. and the design parameters. Mayor Maine closed the public hearing. Council recognized effort of the Mohawk Citizen Advisory Committee. Councilor Leiken recognized the efforts of the Planning Commission. Councilor Hatfield complemented the Citizen Advisory Committee. He discussed benefits of the Mohawk Plan. He urged council to support this proposal. . Councilor Maine supported the revisions proposed for item numbers 5 and 6 as far as the proposed Development Code amendments as discussed. She also discussed the parking design guidelines. She said her concern was with regard to the design guidelines and opportunity for reduction could entail pushing off street parking onto the street. She said on street parking is not necessarily a desirable thing. The suggested revision offers a chance to clarify a range of parking, rather than just using on street parking as a substitute. She liked the idea of providing some flexibility. Councilor Ballew owned some property in that area. She asked if she should declare a conflict of interest. City Attorney Joe Leahy asked questions of Councilor Ballew. He suggested she abstain from voting. Discussion regarding a quorum was then conducted. A majority of the members ofthe common council shall constitute a quorum to do business. Section 53, Article VII, Springfield Charter. Assuming all six positions are filled, a quorum would be four. If four councilors attended and one of the councilors attending chose to abstain leaving three councilors voting, a measure could pass two to one. If two councilors abstained the measure would still need two votes to pass. After further discussion this issue, City Attorney Joe Leahy said that this issue is advisory only, therefore, Councilor Ballew could vote. When implementing legislation effecting personal property, she should abstain from voting if appropriate. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LEIKEN, TO DIRECT STAFF, AS APPROPRIATE, TO INCLUDE THE PROPOSED . City Council Regular Meeting Minutes January 19, 1999 Page 6 . IMPLEMENTATION MEASURES ON THE PLANNING DIVISION WORK PLAN AND TO ADOPT RESOLUTION NO. 99-8. COUNCILOR HATFIELD PROPOSED AN AMENDMENT TO THE MOTION TO INCLUDE THE REVISED LANGUAGE ON ITEM NUMBERS 5 AND 6 AS PROPOSED AND INCLUDE THE TWO MITIGATION ALTERNATIVES LISTED ON PAGE THREE OF THE TRAFFIC IMPACT ASSESSMENT AS RECOMMENDED PUBLIC IMPROVEMENT PROJECTS. THE AMENDMENT WAS SECONDED BY COUNCILOR LEIKEN. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Curtis Stutzman, 26947 High Pass Road, Junction City, said he was working on his property and would like a special use permit that will allow him to live on the property, in an RV, while the site is under construction. Council asked that Mr. Stutzman talk with Community Services Manager Dave Puent. . 2. B. J. Jones, Spiral Spuds Machines, LLC, 1505 Main Street, had previously requested to address the council this evening but was unable to attend. Council had no questions or additional comments. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from B. J. Jones, President, Spiral Spuds Machines, LLC, 105 Main Street, . Springfield, requesting 10 minutes of time to address the Council. He would like to discuss issues related to the present banner code regulations. [See Staff Response Provided in the Agenda Packet.] IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ACCEPT CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. BIDS 1. Ordinance Amending Building Safety Codes, Article 1, Table 3. . City Council Regular Meeting Minutes January 19, 1999 Page 7 . ORDINANCE NO. 5906 - AN ORDINANCE AMENDING ARTICLE 1, TABLE 3-F OF THE SPRINGFIELD BUILDING SAFETY CODE ADMINISTRATIVE CODE OF THE SPRINGFIELD DEPARTMENT OF DEVELOPMENTS SERVICES, COMMUNITY SERVICES DIVISION AND DECLARING AN EMERGENCY. Community Services Manager Dave Puent presented the staff report on this issue. The State of Oregon has mandated that each local jurisdiction issuing permits for the placement of manufactured homes raise the established State Issuance Fee from $20. to $30. effective immediately. Although the city must implement the change, it is brought to council as a house keeping measure of Table 3-F ofthe Building Safety Code Administrative Code which was adopted by the city a number of years ago. There is no financial impact to the city. All fees collected as a State Issuance Fee are forwarded to the State Building Codes Division monthly. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LEIKEN, TO ADOPT ORDINANCE NO. 5906. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. ORDINANCES . BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Museum Board of Directors Appointments. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LEIKEN, TO APPOINT KATHIE K. HARDY AND MARY H. FARRINGTON TO THE VACANT POSITIONS ON THE SPRINGFIELD MUSEUM BOARD OF DIRECTORS. MS. HARDY'S TERM WILL EXPIRE ON JANUARY 19,2003. MS. FARRINGTON WILL COMPLETE A TERM WHICH EXPIRES SEPTEMBER 30, 2000. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. Mayor Maine reminder everyone of the upcoming of puppet festival and encouraged attendance. 2. Business from Council a. Committee Reports . City Council Regular Meeting Minutes January 19, 1999 Page 8 . 1. Councilor Simmons reported on the McKenzie Watershed group. He said the studies on watershed quality were discussed. Also discussed was access to private property and notification to the property owners. Councilor Simmons said they are devising a strategy to provide notification. Information could be made through a freedom of information request. He said state legislation is in the works related to this issue. He said the Legislative Committee needs to get information regarding bills to them quickly. He said things will happen quickly. He suggested that the information be e- mailed to the City Manager's Office so it can be forwarded to the Legislative Committee promptly. 2. Councilor Ballew reported on the Metropolitan Wastewater Management Commission. She explained that the Citizen Advisory Committee was working on the wet weather flow. She discussed secondary treatment and capacity issues. She also discussed moving from a Type B to a Type A product so that the city can better sell other products of the treatment plant. She said the MWMC was also looking into the option of buying property to grow trees. Councilor Simmons said other uses and options that should also be considered. . 3. Councilor Leiken raised a health and safety issue. He said during a Lane Regional Air Pollution Authority meeting a citizen discussed a problem they were having with a neighbor burning garbage in their fireplace. Development Services Department staff would follow-up on this issue as it relates to health matters. b. Other Business 1. Council President Election IT WAS MOVED BY COUNCILOR LEIKEN, WITH A SECOND BY COUNCILOR HATFIELD, TO ELECT COUNCILOR BALLEW AS THE COUNCIL PRESIDENT. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 2. Council Committee Assignments. Mayor Maine discussed the proposed Council committee assignments. After discussion, it was agreed that the proposed assignments would ratified. BUSINESS FROM THE CITY MANAGER 1. Other Business BUSINESS FROM THE CITY ATTORNEY . City Council Regular Meeting Minutes January 19,1999 Page 9 . 1. City Attorney Joe Leahy said he would provide additional information regarding the health and safety issue raised by Councilor Leiken under Business from the Council, Item Number 3. City Manager Mike Kelly would have staff follow-up with the individual that had expressed concern regarding the issue. Mr. Leahy would also work with Finance Director Bob Duey to provide additional information regarding the city relationship with the Hospital Authority. Mr. Leahy would also provide additional information regarding quorum requirements. ADJOURNMENT The meeting was adjourned at 7:50 p.m. Minutes Recorder - Julie Wilson . Attest: ( \IV\- .