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HomeMy WebLinkAbout07/19/1999 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, mLY 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, July 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 Acting City Manager Frank Hotchkiss, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, City Recorder Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Maine. INVOCATION The invocation was provided .by Reverend Wilson, Springfield Lutheran Church. SPRINGFIELD UPBEAT . 1. Mayor Maine recognized Bicycle Committee Members and thanked them for their efforts related to the Bicycle Committee. She recognized members'not in attendance and then recognized those present. She presented members present with a plaque and thanked them for their service to the community. Mayor Maine recognized Dean Bishop and Gary Guttonnsen as being recipients of the Alice B. Toeclips Award. 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 2. Minutes a. June 28, 1999 - Work Session 3. Resolutions a. RESOLUTION NO. 99-46 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30114, FEDERAL EXPRESS STREET LIGHT RELOCATION ON INTERNATIONAL WAY. . 4. Ordinances City Council Regular Meeting July 19, 1999 Page 2 . a. ORDINANCE NO. 5930 - AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF FEES IMPOSED BY LANE COUNTY FOR THE DISPOSAL OF GARBAGE AND REFUSE AND FOR OPERATIONS OF THE LANE COUNTY WASTE DISPOSAL SITE AND AMENDING SECTION 4.408 REGARDING COLLECTION RATES (SECOND READING). b. ORDINANCE NO. 5931 - AN ORDINANCE AMENDING THE SPRINGFIELD ZONING MAP FOR TAX LOT 1003. ASSESSOR'S MAP 17-02-34-32 FROM MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL (SECOND READING). 5. Other Routine Matters a. Authorize the City Manager to Sign a Three-Year Audit Services Contract with Yergen & Meyer, LLP, as Auditors for the City of Springfield, in the Amounts of $30,245, $30,245 and $31,130. b. Award Bid for Project P20055, G Street Repaving, lOth Street to 14th Street, 14th Street Repaving, G Street to A Street, to Wildish Construction Company, in the Amount of $536,091.65. . ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. An Ordinance Establishing Liens for Installation of Asphalt Paving, Curbs and Gutters, Sidewalks, Storm Drainage, StreetLights and Street Trees, to Walnut Road, From Aspen to Poltava Streets, and Vicinity, Project 1-958. ORDINANCE NO. 5932 - AN ORDINANCE ESTABLISlllNG LIENS FOR INSTALLATION OF ASPHALT PAVING. CURBS AND GUTTERS. SIDEWALKS. STORM DRAINAGE. STREET LIGHTS AND STREET TREES. TO WALNUT ROAD. FROM ASPEN TO POLTAVA STREETS. AND VICINITY. PROJECT NO. 1-958. IN THE CITY OF SPRINGFIELD. LANE COUNTY. OREGON AND DECLARING AN . EMERGENCY. Accounting Manager Valerie Nardo presented the staff report on this issue. Ms. Nardo explained the ordinance contained a typographical error.,Page one of the ordinance, Section 2, second line, read $132,213.66 but should be revised to read $135,213.66. The dollar amount was correctly noted on page one ofthe council briefing memorandum. . The city has completed a local improvement project to serve Walnut Road from Aspen to Poltava Streets, Project 1-958. The council is requested to adopt the ordinance assessing the properties for this project in the amount of$63,050.83. The ordinance contains an emergency clause, which makes it effective immediately upon adoption. The emergency clause is being used because staff would like to enter the liens on the city docket as soon as possible. Mayor Maine opened the public hearing. City Council Regular Meeting July 19, 1999 Page 3 . I . Kristin Allen, 37383 Riverside Drive, Pleasant Hill, Oregon, spoke in opposition of the proposal. She said she previously owned property at 512 Aspen Street but sold her property due to this project. She said she was not notified of public hearings. 2. Paul Mallard, 1390 North Walnut Road, Springfield, spoke in opposition of the proposal. He said the road was not an improvement to his property. 3. Brian Kenny, 1352 Walnut Road, Springfield, spoke in opposition ofthe proposal. He said the city should serve as the resident's agents. He said city staff has failed in that capacity. He asked that the assessment be recalculated. 4. Dave Allen, 37383 Riverside Drive, Pleasant Hill, spoke in opposition of the proposal. He was a previous owner of 512 Aspen Street, and sold his property due to this issue. He said he was assessed $12,000 so a developer could have a road to a sub-development. He said he was a reasonable person and did not feel this assessment was fair or appropriate. He said he would never live in Springfield because of the way he was treated. He hoped the council would do the right thing. He said an obligation should exist to notify property owners about assessments. Mayor Maine,c1osed the public hearing. . City Surveyor Don Rogers said four improvement agreements were previously signed improvement agreements. He also provided background and history information regarding- thismatter...Hediscllssed dedicated right-of-way. .He also explained howthe:assessment, costs were calculated. Mr. Rogers explained property owner information was obtained through Lane County. Supervising Civil Engineer Don Branch answered questions regarding a sale agreement. Councilor Leiken supported street improvements, and discussed the benefit to property owners. He wondered if the developer of the nearby area offered to assist with the improvement costs. He said ,he did not like to hear people say they did not want to live in Springfield. He wanted people to feel welcome in this city. He would vote no on this ordinance. Councilor Fitch discussed the process used for improvement agreements: She also discussed. .' the cost of inflation and how a project may be assessed ata much lower rate at this,time, and at a future date, the improvement costs will only increase. Councilors Hatfield and Fitch would take a look at and investigate potential options regarding improvement agreements and alternatives for assessment responsibility, etc. The council discussed the assessment process and disclosure issues. Council further discussed this issue in detail. . Mr. Leahy suggested the possibility of clarifying language on improvement agreements. One thing that could assist would be to label the document with something like, "WARNING, anyone purchasing this property with the associated improvement agreement may be assessed City Council Regular Meeting July 19, 1999 Page 4 . thousand and thousands of dollars should the agreement be called in for an improvement project." Council further discussed this issue in detail. Mr. Rogers provided information regarding signatures on the improvement agreements long with the associated tax lot information. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR SIMMONS, TO ADOPT ORDINANCE NO. 5932. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 2 AGAINST (LUNDBERG AND LEIKEN). BUSINESS FROM THE AUDIENCE 1. Sharon McClure, 33922 Seavey Loop, owner of property at 8th and M Streets, Springfield, requested that the council appeal a decision of the Planning Commission. This was related to Jo. No. 99-02-033. She discussed the city-zoning ordinance. She said it would be expensive to appeal to the Land Use Board of Appeals. The issue was related to a mandatory right of way issue. She requested that the Council review the decision of the Planning Commission. - Councilor Ballew.,said she had talked with Ms. McClure about one year 'ago. . The Springfield Planning, Commission held a public hearing onJuly 7, 1999, on the Appeal of_ the Director's Decision. The Development Services Department SupplementalBtaffReport, attachments and recommendation were considered'and"are a part'of the, record of proceedings: The Planning Commission voted 5-0 with 2 absent and 0 abstentions to deny the Appeals application, thus affirming the Directors Decision. Planning staff will provide additional information to council at their July 26 council meeting. David Ralston, Planning Commission Chair, provided informat.ion regarding this issue. He explained that the City Code would, need to'be changed to allow for anyvariation; ,. 2. Brian Kenny, 1352 Walnut Road, Springfield, spoke earlier this evening in- opposition of Ordinance N umber-5932. He' discussed _ issues regarding.therockdensity in the, area;'''Hesaid the developers would also be coming to council. with a proposal-to develop a park He, said if the request is approved; council would be hearing. from: citizens'; He discussed panhandle lots; wavers, and other conditions. He said the council should follow through on the conditions set forth for developers of the project. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Mrs. Rebuck, 1128 56th Street, Springfield, Expressing Support for Removal of Barriers on 56th and 57'h Streets, at C Street. . City Council Regular Meeting July 19, 1999 Page 5 . IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Correspondence Dated July 12, 1999, From Glenwood Business Association (GBA), Erik Myrmo, CEO Myrmo & Sons, Inc., and Steve Moe, Intercity, Inc., PO Box 3215, Eugene, Regarding the Lane Transit District Bus Rapid Transit (BRT) project. The GBA feels a 15th Street Alignment or No Build Option would be the Best Solution. Also Attached to this Document is a Letter Dated January 14, 1999, From the GBA to the L TD Staff and Board Members. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS 1. Bid Award for Project P20 1 06, South 32nd Street Sidewalk Construction From Main Street to Railroad Tracks, and Vicinity. City Engineet'AI Peroutka presented the staffreporton thisissue,'Abidsummaryh~mdout was provided to the council. . Th is project was requested by the Springfield' School' District. The,Districthas prov.ided:a maximum funding of$50,000 for the installation of a'sidewalk along the, East Side'of South' 32nd Street to serve school children walking to and from Agnes Stewart Middle School. Currently, pedestrians walk in the narrow pavement area with vehicular traffic, creating an undesirable mix. The proposed setback sidewalk will provide a safe pedestrian route that connects to sidewalks at Oregon and Virginia Streets and at two cul-de-sac streets. A neighborhood meeting was held to discuss the project. Four of the fifteen properties along the route were represented at the meeting. All of the owners at the meeting were in favor of the project; Two other property ownershaveindependently responded/favorably.:, Staff.,' " knows of no one againsttheproject. Currently; we are submitting an application for permits from the pue and Union ,Pacific for improving the sidewalk crossing at the railroad tracks: Typically, these permit approvals take about six months, so therewil L be some delay in doing work around the track area:. The School funds of $50,000 will, at best, provide for the construction of sidewalks from Oregon Street to the railroad tracks. Installation of a sidewalk between Main Street and Oregon Street will require additional funding. Council may decide to appropriate funds from the Pedestrian Safety account to provide for the construction of a complete sidewalk to Main Street. The Pedestrian Safety account is a Street Fund account that was established several years ago to address pedestrian issues, especially around schools. It currently contains $164,000. . IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD TO A WARD THE CONTRACT TO R. LANGELIERS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City Council Regular Meeting July 19, 1999 Page 6 . A MOTION WAS MADE TO AMEND THE ORIGINAL MOTION AS FOLLOWS: IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD TO A WARD THE CONTRACT TO R. LANGELIERS, ADDITIVE BID SUB TOTAL OF $26,3996.04 AND BASE BID SUBTOTAL OF $48,279.07, FOR A TOTAL OF $74,675.11. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST SIMMONS). COUNCILOR SIMMONS VOTED AGAINST THIS DUE TO A LACK OF TECHNICAL INFORMA TION. ORDINANCES. 1. Ordinance Establishing a Lien for.Jnstallation of 31 51 Street Sanitary Sewer Extension, W Street, North 120 Feet (To Serve 24753151 Street, Project 2-061. ORDINANCE NO. 5933 - AN ORDINANCE ESTABLISHING A LIEN FOR INSTALLATION OF31sT STREET SANITARY SEWER EXTENSION, W STREET, NORTH 120 FEET (TO SERVE 247531 ST STREET), PROJECT 2-061, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN-EMERGENCY. . Accounting Manager- Valerie Nardo presented the staff report on: this issue. The city has completed.alocal improvement project constructing a sanitary-a sanitary sewer to serve 2475 ' 3151 Street; Project 2~061, under the waiver process. 'Council is requeste&to adoptthe ordinance assessing the property for this project in the amount of $13,500. The ordinance contains an emergency clause, which makes it effective immediately upon adoption. The emergency clause is being used because staff would like to enter the liens on the city docket as soon as possible. Ms. Nardo and Mr. Branch answered questions regarding this issue. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR . HATFIELD, TO ADOPT ORDINANCE NO. 5933. THE MOTION PASSED WITH A VOTE OF6FOR AND o AGAINST. BUSINESS FROM THE CITYCOUNCIL, 1. Committee Appointments 2. Business from Council a. Committee Reports b. Other Business 1. Councilor Hatfield announced his cancer is in total remission. . 2. Councilor Fitch reported that she toured the city with Lane Partnership Workforce. She recommended others visit the Springfield Youth Farm. City Council Regular Meeting July 19, 1999 Page 7 . 3. Mayor Maine thanked everyone for participating in the recent Japanese delegation visit. BUSINESS FROM THE CITY MANAGER 1. Cooperative Fiber Development Agreement. RESOLUTION NO. 99-47 - A RESOLUTION AUTHORIZING AND APPROVING THE WILLIAMS COMMUNICATIONS COOPERATIVE FIBER DEVELOPMENT AGREEMENT. Senior Management Analyst Len Goodwin presented the staff report on this issue. The city, as one of a number of cities and counties negotiating with Williams Communications, Inc. (Wiliams) concerning their use of public ways, has reached agreement with Williams on the terms of a cooperative fiber development agreement. . Williams has agreed to the terms ofthe draft agreement granting them access to certain public ways, in consideration of their transfer to the city, of six pairs of dark fiber optic cable and other goods 'and services; That draft agreement has been submitted to Williams for execution. As drafted the agreement provides for necessary protections for the city, and authorizes complete'use ofthe.dedicatedfiber for any lawful purpose. Staff requests that the council approve a resolution authorizing the City Manager to execute the agreement once it is returned by Williams. IT WAS MOVED BY CONCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ADOPT RESOLUTION NO. 99-47. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Review and Authorize the City Manager to Sign Final Sports Center Lease With Broad Base Programs for Developing the Springfield Sports Complex Facilities. City Attorney Joe Leahy explained that this item would be rescheduledat'a future date for further discussion., He provided background on ,reasons this item was rescheduled; There were a few minor language revisions that Roy Gray may be requesting. It is anticipated that the revisions will be minor. The agreementwill be rescheduled for the August2 council meeting. , 3. Other Business An executive session and regular meeting were tentatively scheduled following this meeting. Both sessions were cancelled and will be held at a future date. BUSINESS FROM THE CITY ATTORNEY . . . . City Council Regular Meeting July 19, 1999 Page 8 ADJOURNMENT The meeting was adjourned at 8:58 p.m. Minutes Recorder - Julie Wilson ~~'jV~ Mayor Attest: Q r ' .AOfJ~W~ Ju i Wilson City Recorder