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HomeMy WebLinkAbout04/19/1999 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, APRIL 19,1999 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, April 19, 1999, at 7:00 p.m., with Mayor Maine presiding. ATTENDANCE Present were Mayor Maine, Councilors Ballew, Fitch, Hatfield, Leiken, Lundberg and Simmons. AlSo present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, City Recorder Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE Mayor Maine led the Pledge of Allegiance. INVOCATION - Reverend Ron Coleman, Thurston Christian Church, was not available to provide the invocation this evening. SPRINGFIELD UPBEAT . 1. Mayor Maine recognized the Team Springfield newsletter distributed to the Council. It was a community newsletter published by Willamalane, Springfield Public Schools and the City of Springfield. 2. Mayor Maine and Councilor Hatfield recognized Don Lutes and thanked him for his service to the community of Springfield. Mr. Lutes said a few words regarding his involvement in the community. 3. City Manager Mike Kelly recognized the volunteer efforts in the community of Springfield and acknowledged April 18-24, 1999 as National Volunteer Week. 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 6 FOR AND 0 AGAINST. 1. Claims a. Approve March 1999 Disbursements for Approval. 2. Minutes a. b. March 22, 1999 - Work Session March 22, 1999 - Joint Meeting with Museum Board April 5, 1999 - Work Session April 5, 1999 - Regular Meeting . c. d. Regular Meeting Minutes Apri119,1999 Page 2 . 3. Resolutions a. RESOLUTION NO. 99-23 - A RESOLUTION TO ACCEPT PROJECT 2-065, FROM A & G WASHBURN, INC., IN THE AMOUNT OF $33,140. b. RESOLUTION NO. 99-24 - A RESOLUTION TO ACCEPT PROJECT 2-071, FROM L.A.W. EXCAVATION IN THE AMOUNT OF $18,514.43. c. RESOLUTION NO. 99-25 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3- 033, HAYDEN GARDENS 3RD ADDITION PUBLIC IMPROVEMENTS. d. RESOLUTION NO. 99-26 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3- 068, TANYA TERRACE SUBDIVISION PUBLIC IMPROVEMENTS. 4. Ordinances 5. Other Routine Matters a. Approve March 1999 Quarterly Updated Financial Reports. b. Approve Endorsement ofOLCC Liquor License Application for Maitre D's, Located at 737 Main Street, Springfield. . c. Approve Endorsement of OLCC Liquor License Application for Little India, Previously Playa Azul Restaurant, Located at 1195 Main Street, Springfield. d. Approve Endorsement of OLCC Liquor License Application for 42nd Street Center Tesoro, Located at 316 Main Street, Springfield. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Vacation of 5 Foot Public Utility Easement Along the Southerly Property Line of955 Island Street Known as Lot 9 Liberty Subdivision Assessor's Map 17-03-34-21 Tax Lot 1200, Jo. No. 1999-03-0075, City of Springfield / Collier. ORDINANCE NO.1 - AN ORDINACE VACATING A 5 FOOT PUBLIC UTILITY EASEMENT IN LOT 9, LIBERTY SUBDIVISION, SPRINGFIELD, LANE COUNTY, OREGON (FIRST READING). . City Planner Kitti Gale presented the staff report on this issue. The 5-foot southerly easement on Lot 9 was recorded on Liberty Subdivision Final Plat map in 1979. The easement ran under the existing house. As the subdivision lots were developed during the last twenty years, utilities were located in the street making the PUE unnecessary; and, the original house was never removed. Instead, it was remodeled, the original garage was removed and the southerly property line was adjusted to the south to meet minimum setback requirements. The 5 foot PUE was not vacated during that Lot Line Adjustment (1998-05-0108), therefore, Regular Meeting Minutes April 19, 1999 Page 3 . staff recommends its vacation now. This ordinance is scheduled for a second reading and adoption on May 3, 1999. Mr. Leahy answered questions regarding state law pertaining to this issue. Mayor Maine opened the public hearing. No one appeared to speak. Mayor Maine closed the public hearing. MOTION: NO ACTION REQUIRED. FIRST READING OF ORDINANCE. 2. Zone Change from Low Density Residential to Community Commercial for a Parcel Located at 176 South 41st Street, Assessor's Map 17-02-31-41, TL 5200, Jo. No. 99-02-22. ORDINANCE NO.2 - AN ORDINANCE TO AMEND THE SPRINGFIELD ZONING MAP FOR TAX LOT 5200, ASSESSOR'S MAP 17-02-31-41 FROM LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL (FIRST READING). . City Planner Sarah Summers presented the staff report on this issue. This is a citizen initiated zone change submitted in conformance with the requirements of Section 12.010 of the Springfield Development Code. The Springfield Planning Commission adopted a final recommendation of approval of this zone change request. The City Council must take final action on this request. If the council agrees with the Planning Commission recommendation, the ordinance can be adopted by motion and vote at the May 4, 1999 council meeting (2nd reading of ordinance). The applicant is requesting this zone change from Low Density Residential to Community Commercial to bring the zoning into conformance with the Metro Plan and the Mid- Springfield Refinement Plan. Site Plan review will be required for any development of the property. The Springfield Planning Commission conducted a public hearing on the zone change on April 6, 1999. The Commission has recommended approval (5-0 with 2 absent). There is no financial impact to the City resulting from this decision. The property was not currently vacant. The Metro Plan Designation was being followed. Mayor Maine opened the public hearing. No one appeared to speak. Mayor Maine closed the public hearing. MOTION: NO ACTION REQUIRED. FIRST READING OF ORDINANCE. 3. Vacation of Old Harlow Road Public Right of Way, East of Beverly Street, Journal No. 1999- 02-0032, Satre & Associates Applicant for the Abutting Property Owners (4). ORDINANCE NO.3 - AN ORDINANCE VACATING THE FULL WIDTH OF OLD HARLOW ROAD PUBLIC RIGHT OF WAY, EXTENDING EAST FROM BEVERLY STREET TO ITS TERMINUS, IN THE CITY OF SPRINGFIELD. LANE COUNTY, OREGON (1 ST READING). . The agenda noted this ordinance with an emergency clause, although, the ordinance is receiving a first reading only (not emergency clause). Regular Meeting Minutes April 19, 1999 Page 4 . City Planner Jim Donovan presented the staff report on this issue. The applicant initiated the right of way vacation in accordance with the requirements of Section 9.010 of the Springfield Development Code. The Springfield Planning Commission unanimously adopted a final recommendation for approval of this request based upon staff's findings and conditions in accordance with Section 9.030 of the code. If the council agrees with the Planning Commission recommendation, the attached ordinance can be adopted by motion and vote. The applicants request vacation of Old Harlow Road so that they and their customers may access the Gateway Office Park site via private driveways and sidewalks. The applicants have prepared private easements guaranteeing shared access, traffic circulation and maintenance of facilities within the area to be vacated. Access to existing public utilities is continued by ordinance language; public storm water ditches within the right of way become the property and maintenance responsibility of the respective owners. The city of Springfield has no future plans or need for the right of way. Councilor Lundberg asked a question regarding 310 noted on the map. She said once the area was developed, it would require parking and traffic. She wondered how that would be accommodated. Mr. Donovan answered questions regarding this question. He discussed the future development plan. He explained that the vacation is before council due to the review of two site plans (Pacific Continental Bank and McKenzie Willamette Hospital). He discussed the use of private easements and the area the easements cover. He discussed increasing the width. He said easement language would be revised prior to final adoption of this item. . Mr. Donovan said he did not have financial estimates as to the value of the easements. He did provide background information and history regarding the area. He discussed storm water facility improvements. Mr. Simmons again asked about the value of the easement. He discussed regulatory legislative change and discussed enhanced value of that property. He said we have taken public right of way and proposed to gift it for a for-profit process. He was not comfortable with that. Mr. Donovan said the facility had to be maintained and discussed site review process. Mr. Leahy said the Planning Commission has required good criteria for approval. He said the city would not be required to provide any further maintenance from this point forward. Mr. Simmons was opposed to the vacation because he was elected to represent the citizens of Springfield. He said we are giving away a part of the public infrastructure without compensation. Mr. Leahy said from city perspective, the way the property exists now, provides access and when completed, it will continue to provide access. It will need to be maintained at their expense. It will continue to serve in the same capacity as it currently does. Mayor Maine opened the public hearing. 1. Philip Farrington, Representing Satre Ass9ciates, 132 East Broadway, Eugene, spoke in support of the proposal. He presented a map and reviewed the proposal and pointed out information regarding the proposal. . 2. Mike Evans, 1071 Harlow Road, Eugene, spoke in support of the proposal. He discussed the reason this portion of the property was not vacated in the past. He provided Regular Meeting Minutes April 19, 1999 Page 5 . background regarding this issue. He also discussed the benefits of supporting the proposal. Mayor Maine closed the public hearing. Councilor Ballew requested that staff research if there was ever a purchase of right of way. Council agreed with the request. MOTION: NO ACTION REQUIRED. FIRST READING OF ORDINANCE. 4. Fiscal Year 1999-2000 Community Development Block Grant Recommended Funding Allocations. Housing Program Specialist Kevin Ko presented the staff report on this issue. Mayor Maine opened the public hearing. The Springfield Community Development Advisory Committee (CDAC) has reviewed proposals and prepared funding recommendations for the 1999-00 program year. The recommendations are being forwarded to the City Council for consideration and approval. The CDAC's funding recommendations are consistent with Springfield's local funding priorities and identified community development needs as documented in the Eugene-Springfield Consolidated Plan. . The city of Springfield is allocating $680,000 in 1999-00 Community Development Block Grant (CDBG) funds for the purpose of developing viable urban communities by providing decent housing, a suitable living environment, and economic opportunities principally for persons of low and moderate incomes. In addition to the new grant, approximately $150,000 of un allocated funds from previous years is available. The CDAC set $458,000 aside for committed funding. A request for proposals for the remaining $372,000 was issued on February 5, 1999, with responses due back by March 19, 1999. The city received eight requests for CDBG funding, totaling $683,424. The Springfield CDAC held a public hearing on April 7, 1999 to hear testimony and review the proposals. The CDAC funding recommendations are being presented for Council's review and approval. Councilor Lundberg discussed phase two of the Gerlach building project and the acquisition and rehabilitation project. She requested that council receive a copy of the business plan. Mr. Ko replied that as the administrator of CDBG, plans would be made available. Mr. Ko would ensure that these requirements were forwarded onto the Committee and that would be a requirement / provision for funding approval. Mayor Maine opened the public hearing. 1. Maureen Manila, 39551 Wendling Road, Marcola, representing Emerald Art Association, spoke in support of the proposal. Mayor Maine closed the public hearing. Mr. Ko answered questions regarding contributions of money to another non-profit agency and what happens in these cases. Mr. Ko provided examples and discussed compliance regulations and monitoring of situations. He said this is standard for all CDBG projects. . Regu]ar Meeting Minutes Apri] 19, ]999 Page 6 . IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT THE FY 1999-2000 CDBG FUNDING ALLOCATIONS AS PROPOSED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Annexation of Property, Krans / Stovall, to the City of Springfield, Journal Number 1998-11- 255. RESOLUTION NO.5 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORIES TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION. This item was removed from the agenda and rescheduled for May 3, 1999. BUSINESS FROM THE AUDIENCE 1. Bobbv Green, Chair, Lane County Commissioner, 125 East 8th Street, Eugene, spoke in support of the request for Court School Funding. Commissioner Green referenced this request as "gap funding" and said the funding assistance was needed in order to continue the program through the end of the year. Commissioner Green also acknowledged volunteer week and the efforts of community volunteers. . 2. Stephen J. Carmichael, Director, Lane County Department of Youth Services, 2411 Centennial Blvd., Eugene, Requesting Funding for Court School. Mr. Carmichael provided background regarding the Court School program. He was making a one-time request of council for funding in the amount of $10,000. He explained this would help the program continue to the end of the school year. Councilor Leiken asked about the cost per student. He supported the request. Councilor Hatfield agreed with Councilor Leiken and supported the request. He said if it helped one student, it was well worth the investment. Councilor Lundberg attended Court School last week and was impressed with the program. She supported the request. Councilor Simmons said this program is very beneficial to students. He also credited the staffthat is involved in the program too. He said we needed to support the program. He said it was important for Springfield to participate in this program. Councilor Ballew asked if funding was available. Mr. Kelly said funds could be found and made available. Councilor Fitch supported the program. . IT WAS MOVED BY COUNCILOR LUNDBERG, WITH A SECOND BY COUNCILOR HATFIELD, TO SUPPORT THE ONE TIME REQUEST FOR FUNDING IN THE Regular Meeting Minutes April 19, 1999 Page 7 . AMOUNT OF $10,000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Stephen J. Carmichael, Director, Lane County Department of Youth Services, 2411 Centennial Blvd., Eugene, Requesting Funding for Court School. 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. 2. Correspondence From John Walter Hyatt, 11952 Janette Lane, Garden Grove, California, Regarding Springfield Municipal Court. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HA TFIELD, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES. . BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Community Development Advisory Committee (CDAC) Appointments. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO APPOINT GAYLE DECKER, DAN EGAN AND BONNIE PETERSON TO THE CDAC, WITH A TERM EXPIRATION DATE OF MARCH 31, 2003. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Museum Committee Appointment. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO APPOINT LAURA NILES TO THE MUSEUM COMMITTEE, WITH A TERM EXPIRATION DATE OF APRIL 31, 2003. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. c. Lane Workforce Partnership Board Appointments. . IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO APPOINT RUTHIE HEIKKILA AND ANNIE SAKAGUCHI TO THE LANE WORKFORCE PARTNERSHIP BOARD, WITH A Regular Meeting Minutes April 19, 1999 Page 8 . TERM EXPIRATION DATE OF DECEMBER 31,2002. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. d. Historic Commission Appointment. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO RATIFY THE APPOINTMENT OF PHILIP GARCIA TO THE HISTORIC COMMISSION, WITH A TERM EXPIRATION DATE OF APRIL 31, 2003. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Councilor Ballew said the Metropolitan Wastewater Management Commission adopted their budget. 2. Councilor Leiken said Greg Shaver has been on KUGN radio discussing Y2K issues. 3. Councilor Fitch said council would be meeting in ajoint session with Lane Transit District and she briefly discussed BRT. Mayor Maine said additional information would be forthcoming regarding preparation for that meeting. . b. Other Business BUSINESS FROM THE CITY MANAGER 1. Advanced Telecom Group, Inc. RESOLUTION NO. 99-27 - A RESOLUTION AUTHORIZING AND APPROVING THE ADVANCED TELECOM GROUP, INC. PUBLIC WAY USE AGREEMENT. Senior Management Analyst Len Goodwin presented the staff report on this issue. Advanced TelCom Group, Inc. (A TG) has been granted a telecommunications license to provide intra exchange (local exchange or dial tone) services, as well as inter exchange (long distance) services. They have been authorized by the Oregon Public Utility Commission as a competitive provider and will be a competitive local exchange carrier competing with U.S. West. They propose to offer these services in Springfield using both fiber optic cable owned by the Springfield Utility Board, and facilities of U.S. West, through an Interconnection Agreement with U.S. West Communications, Inc. The proposed Public Way Use Agreement obligates them to pay a fee of seven percent of their local exchange revenue (less the amount paid to U.S. West, for which the city receives compensation under the terms of the U.S. West franchise). While this agreement is within the authority of the City Manager to execute, because this is the first competitive carrier to seek access to the local market, staff believes it appropriate to present the agreement to the council for review and discussion. Representatives of the company will be available to provide additional information about the company and its services and to answer questions that members ofthe council might have. . Regular Meeting Minutes April 19, 1999 Page 9 . A representative of Advanced Telecom Group, Inc. (A TG) answered questions from council and provided additional information regarding their proposal. He discussed call centers, fiber optics, and information regarding their company. They are based in Santa Rosa California. He said they are going to focus in the north west area. They are opening in other communities also. He said they anticipate involvement in about 30 to 40 communities in the next few years. They do have an Oregon website. He also discussed customer service. He said their company would also provide a variety of other services. He said they were attempting to be a service provider to the community. He discussed the business plan and the transition from business focused customers to residential customers. He provided a brief overview of A TG's business plan. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ADOPT RESOLUTION NO. 99-27. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Other Business BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 8:20 p.m. Minutes Recorder - Julie Wilson aureen M. Maine Mayor . Attest: ~~ City Recorder .