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HomeMy WebLinkAbout03/19/2007 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MARCH 19,2007 The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, March 19,2007 at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken and Councilors Lundberg, Wylie (by conference phone), Ballew, Ralston, Woodrow and Pishioneri. Also present were City Manager Gino Grimaldi, Interim Assistant City Manager Mike Harman, City Attorney Joe Leahy and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Outstanding Project Certificate to Youth Services Department~ Springfield Library. Springfield Library Manager Barbara Thompson introduced Katie Anderson, the Youth Services Consultant at the Oregon State Library. As the consultant, Ms. Anderson provided assistance to public libraries, administered the Ready to Read Grant (which the Springfield Library received every year), and participated in statewide projects to improve services to children and young adults, such as the Oregon State-wide Early Literacy Initiative. Ms. Anderson said the Springfield Public Library was chosen as one of six outstanding projects for the Ready to Read Grant for the 2005/2006 grant cycle. She said the Ready to Read Grant was the only state funding that libraries received. It was a non-competitive grant that all legally established libraries could apply for and about 120 libraries applied every year. To be recognized as an outstanding project, libraries must adhere to the original intent of the grant program, emphasize programs to pre-school children, projects must be replicable in other libraries, show potential for impact over time and build partnerships inside and outside the library. The Ready to Read Grant funds could only be used to establish and improve library services to children 0 - 14 years old. Springfield Public Library had provided monthly storytimes to fourteen groups of children at local pre-schools and childcare centers. Research showed that reading aloud to children was the single most important activity for building the knowledge required for later reading success. The books and activities chosen by Patty, the outreach Librarian, were specifically designed to improve the development of early literacy skills. Patty also worked with the staff at the sites, to teach them about early literacy and provide them with resources and library books for use in their curriculum. Mayor Leiken asked if it was correct that this was the only state grant available for public libraries. Yes. City of Springfield Council Regular Meeting Minutes March 19,2007 Page 2 Mayor Leiken said there should be more funding for libraries available from the State. Ms. Anderson and Ms. Thompson agreed. They discussed it further. Mayor Leiken said the City was very appreciative of the grant received, but would hope future legislators would see this become as important as education funding for our community. 2. Employee Recognition, Gino Grimaldi, 15 Years of Service. Mayor Leiken acknowledged City Manager Gino Grimaldi for his 15 years of service with the City of Springfield. He recapped Mr. Grimaldi's career with the City and the events that brought Mr. Grimaldi to Springfield. Mr. Grimaldi had participated in a training burn with the Fire and Life Safety Department in 1992 and photographs of Mr. Grimaldi during that burn were passed around to the Council. Mr. Grimaldi was appreciative of the people he had worked with and of the support of his family. Mayor Leiken noted that Phoenix, Arizona was known as having one of the best well-run cities in the country, so being an intern there probably taught Mr. Grimaldi a lot. On behalf of the Mayor, Council and staff, Mayor Leiken presented Mr. Grimaldi with a plaque representing his 15 years of service with the City of Springfield. Mayor Leiken acknowledged Mr. Grimaldi's wife, Anita Grimaldi, and his daughter, Alyssa Grimaldi, who were present in the office. He thanked Gino's wife and family for allowing the City to have Gino as the City Manager, and for the sacrifices they had made. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST 1.' Claims a. Approve the February 2007 Disbursements for Approval. 2. Minutes a. February 26,2007 - Work Session b. March 5, 2007 - Work Session c. March 5, 2007 - Regular Meeting 3. Resolutions a. RESOLUTION NO. 07-10 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30441: CROSSROADS CENTER ACCESS ROAD SIGNAL IMPROVEMENTS. b. RESOLUTION NO. 07-11 - A RESOLUTION TO ACCEPT PROJECT P20340 FROM WILDISH CONSTRUCTION COMPANY IN THE AMOUNT OF $185,080.81. City of Springfield Council Regular Meeting Minutes March 19,2007 Page 3 4. Ordinances a. ORDINANCE NO. 6187 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS SEBRING, LOCATED IN THE MENLO PARK AREA OF WEST SPRINGFIELD. NORTH OF CENTENNIAL BOULEVARD, WEST OF ASPEN STREET. INVOLVING APPROXIMATELY 0.20 ACRES IDENTIFIED AS TAX LOT 13300 T17S R03W S27 MAP 33: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. b. ORDINANCE NO. 6188 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS WILSONIREYNOLDS. LOCATED IN NORTHERN SPRINGFIELD, NORTH OF LOMOND STREET. EAST OF LOCH DRIVE AND WEST OF 23RD STREET INVOLVING APPROXIMATEL Y0.49 ACRES IDENTIFIED AS TAX LOTS 3400 AND 3500 T17S R03W S25 MAP 12: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. c. ORDINANCE NO. 6189 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS BENSON, LOCATED IN SOUTHWEST SPRINGFIELD, SOUTH OF CENTENNIAL BOULEVARD, EAST OF ANDERSON LANE, NORTH OF KELLOGG ROAD INVOLVING APPROXIMATELY 2.10 ACRES IDENTIFIED AS TAX LOT 101 T17S R03W S33 MAP 11: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. d. ORDINANCE NO. 6190 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS Bill. LOCATED IN WESTERN SPRINGFIELD, EAST OF TAMARACK STREET, SOUTH OF THE "BY GULLY>' BIKEP A TH. AND NORTH OF OLYMPIC STREET INVOLVING APPROXIMATELY 0.92 ACRES IDENTIFIED AS TAX LOTS 900 T17S R03W S27 MAP 31; PART OF 3600; T17S R03W S27 MAP 31: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. 5. Other Routine Matters a. Authorize the City Manager to Sign a Contract with Ad Group (a division of Shelton Turnbull) in the Amount not to Exceed $366,000 for 2007 FireMed Advertising and Marketing Services. b. Award the Subject Contract to Babb Construction for Project P20457: South 42nd Street Phase II in the Amount of$1,947,602.23. c. Award the Subject Contract to Pacific Excavation, Inc. for Project P20321: Vera Street Lift Station, in the Amount of $557,922.00. d. Authorize the City Manager to Execute a Third Amendment to the Contract with URS Corporation for the Storm water Facility Master Plan. e. Approve the 2007-2012 Council Goals and Targets. ITEMS REMOVED FROM THE CONSENT CALENDAR City of Springfield Council Regular Meeting Minutes March 19,2007 Page 4 PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. 1. 2008-2012 Capital Improvement Program - A Community Reinvestment Plan. Civil Engineer Jeff Paschall presented the staff report on this item. The City of Springfield 2008- 2012 Capital Improvement Program - A Community Reinvestment Plan, has been drafted by staff, reviewed by the Planning Commission (2/21/07), and the City Council in work session (3/12/07). It is now ready for public hearing and adoption. Following review of the CIP, the Planning Commission recommended Council approval of the plan. The City Council then reviewed the draft CIP in work session on March 12,2007 and approved the CIP as drafted to be brought to public hearing at this meeting. After hearing public comments, Council is requested to adopt the Capital Improvement Program by motion. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ADOPT THE 2008-2012 CAPITAL IMPROVEMENT PROGRAM - A COMMUNITY REINVESTMENT PLAN. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Supplemental Budget Resolution. RESOLUTION NO. 07-12 - A RESOLUTION ADJUSTING RESOURCES AND REQUIREMENTS IN THE FOLLOWING FUNDS: GENERAL. STREET, SPECIAL REVENUE. COMMUNITY DEVELOPMENT. RIVERBEND DEVELOPMENT, FIRE LOCAL OPTION LEVY, DRAINAGE CAPITAL PROJECTS, DEVELOPMENT PROJECTS, POLICE BUILDING BOND CAPITAL. STREET CAPITAL. SDC LOCAL STORM IMPROVEMENT, SDC TRANSPORTATION IMPROVEMENT. LOCAL WASTEWATER OPERATIONS, REGIONAL WSTEW A TER, AMBULANCE. DRAINAGE OPERATING. BOOTH-KELLY. REGIONAL FIBER CONSORTIUM, INSURANCE, VEHICLE & EQUIPMENT, AND SDC ADMINISTRATION. Budget Officer Bob Brew presented the staff report on this item. At various times during the fiscal year the Council is requested to make adjustments to the annual budget to reflect needed changes in planned activities, to recognize new revenues, or to make other required adjustments. These adjustments to resources and requirements change the current budget and are processed through supplemental budget requests scheduled by the Finance Department on an annual basis. This is the second of three scheduled FY07 supplemental requests to'come before Council. The' supplemental budget being presented includes adjusting resources and requirements in the General Fund, Street Fund, Special Revenue Fund, Community Development Fund, RiverBend City of Springfield Council Regular Meeting Minutes March 19,2007 Page 5 Development Fund, Fire Local Option Levy Fund, Drainage Capital Projects Fund, Development ~ Projects Fund, Police Building Bond Capital Fund, Street Capital Fund, SDC Local Storm Improvement Fund, SDC Transportation Improvement Fund, Local Wastewater Operations Fund, Regional Wastewater Fund, Ambulance Fund, Drainage Operating Fund, Booth-Kelly Fund, Regional Fiber Consortium Fund, Insurance Fund, Vehicle & Equipment Fund, and SDC Administration Fund. The City Council is asked to approve the attached Supplemental Budget Resolution. The overall financial impact of the Supplemental Budget Resolution is to increase total appropriations by $1,944,787 and increase total FTE by 0.6 in the Public Works Transportation Division. Mr. Brew explained the four situations that called for supplemental budgets. He noted two items that appeared in the advertisement for this public hearing, but were pulled from the resolution. The first was a purchase of two sedans for the fire department. He said those would appear in the FY07/08 base budget. The other was a $10,000 transaction in the jail capital construction fund. Councilor Ballew asked about the two vehicles and whether or not they were passenger vehicles. Yes. She asked if they were to replace existing vehicles. Mr. Brew said they were to replace existing vehicles. An ambulance was planned to be purchased this year, but had not been added to the base budget, so it was added into the supplemental budget. The Fire and Life Safety Department said they could wait until July to replace the other two vehicles and would include them in the next budget. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ADOPT RESOLUTION NO. 07-12. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Amendments to the Springfield Development Code Article 9 Vacations by Adding New Right-of-Way Vacation Criteria for Certain Vacation Proposals. ORDINANCE NO.1 - AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 9 VACATIONS ESTABLISHING NEW CRITERIA TO APPLY TO COUNCIL INITIATED VACATIONS OF PUBLIC RIGHT-OF-WAY WHERE THE RlGHT-OF-W A Y WILL BE RETAINED IN PUBLIC OWNERSHIP BUT USED FOR AN ALTERNATIVE PUBLIC PURPOSE. (Jo. No. LRP2007-00002) (FIRST READING) Planning Manager Greg Mott presented the staff report on this item. The City Council initiated this amendment in January to provide a procedural and factual basis to consider right-of-way vacations for reasons other than the transfer of ownership from the public to abutting private City of Springfield Council Regular Meeting Minutes March 19,2007 Page 6 property owners. The existing vacation criteria are designed to answer the questions: does the City wish/need to retain ownership of right-of-way for purely transportation objectives, or should the abutting private property owners receive the land and be allowed to use or develop it for their own private enjoyment. The only public purposes the Council may consider in this regard are related exclusively to uses contemplated by the Metro Plan and a variety of supporting transportation related documents. The proposed criteria expand the consideration beyond this either-or model and allow the Council to place other public purposes on par with transportation objectives because the Council will retain public ownership. Consistency with provisions of the Transportation Planning Rule (OAR 660-012) will apply to this action as will the need to ascertain that a greater public benefit will occur from the vacation rather than from retaining the right of way in its present status. On March 13,2007, the Planning Commission conducted a public hearing on this proposal. After considering the staff report and written public testimony (no one appeared to testifY), the Planning Commission forwarded a recommendation of support to the Council on a vote of 5 in favor and 2 opposed. Mr. Mott noted that additional testimony regarding this issue was being distributed to Council that did not get into their agenda packets. He referred to page 1-2 of the ordinance which included the most significant of the changed criteria, in criteria C and D. Criteria D was added by the Planning Commission. He explained the reasoning for adding criteria D. Councilor Ballew said it looked better with the additional conditions. She referred to criteria C "concern with safe, convenient and reasonably direct routes for cyclists and pedestrians", but noted it didn't include vehicles. She said part of the information provided noted the "duty to protect and manage the existing transportation infrastructure and manage the roadway system to preserve safety and operational efficiency". She felt those were considerations that should be included. Mr. Mott said staff would do as Council directed. The purpose of adding criteria D was to try to capture some of that. The State's interest was in providing alternative modes primarily and mobility choices. The Council could take action to change the transportation circulation movements of vehicles by taking a two way street and making it a one way street, designating lanes for left turn only, or allowing U-turns at signalized intersections. Some of these options were used to make traffic flow more efficient. It was a traditional element for traffic and transportation design to slightly inconvenience vehicles in that regard. The burden or hardship was not considered for motor vehicles. It would be open to testimony with respect to criteria D, and then up to Council to add to or change the criteria. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. NO ACTION REQUESTED. FIRST READING ONLY. City of Springfield Council Regular Meeting Minutes March 19,2007 Page 7 Mr. Leahy noted the three documents received by Council were part of the public record which would be considered testimony. Councilor Pishioneri asked when the written testimony was received. Mr. Mott said one letter from Mr. Foster was written last year in June of 2006. He recalled it was regarding discussion on the alley vacation for the Justice Center site plan. The second letter was based on a public hearing notice that was in the newspaper approximately ten days before the Planning Commission hearing on March 13. Ms. Ballew's letter was entered during the Planning Commission hearing on March 13. The Planning Commission had seen both letters. Councilor Ballew said she would like to consider adding to cyclists and pedestrians, vehicles in criteria C. Mr. Mott noted that including it in that sentence would not be consistent with State language. He discussed possible ways in which the language "vehicles" could be added. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR LUNDBERG TO ADD VEHICLES WHEREVER APPROPRIATE IN PART C. Councilor Pishioneri asked if there was conflict from Councilor Ballew making the motion when she had already submitted testimony. Mr. Leahy said it was a legislative matter, and Councilor Ballew was acting as a legislator. He suggested asking Mr. Mott if adding this language would make it more difficult or less difficult to obtain a vacation. Councilor Pishioneri referred that question to Mr. Mott. Mr. Mott said he would prefer to respond at the second reading after gathering more information. Councilor Woodrow called for the question. Mayor Leiken said the question had been called and the motion seconded. He asked for a vote on the motion. THE MOTION PASSED WITH A VOTE OF 4 IN FAVOR AND 2 OPPOSED. BUSINESS FROM THE AUDIENCE 1. Donald Mainwaring, 681 48th Street; Springfield, OR. Mr. Mainwaring spoke regarding the vicious dogs ordinance. He said the ordinance had not taken care of the issue in the past. He referred to a recent incident when a police officer had to shoot a dog because it had attacked a child. He said a dog should be considered vicious whether it had attacked one or three times and he felt the ordinance needed to be made stronger. He said there had been problems in Springfield and Veneta, and the majority had been related to Pit Bulls. He would hate to see a law where Pit Bulls were not allowed, but would like to see the kennels and the Humane Society do away with Pit Bulls that are turned into them rather than trying to find homes for City of Springfield Council Regular Meeting Minutes March 19,2007 Page 8 them. He explained a situation when he lived in California that involved a Pit Bull that had no history of being vicious, but then turned and attacked its owner. 2. Orville A Tharp, 431 E Street and 36494 Jasper Road, Springfield. OR. Mr. Tharp had requested five minutes for his testimony prior to the meeting. His request was approved by Mayor Leiken. Mr. Tharp referred to a packet that he asked to have distributed to Council. The packet included information on the Jasper Road Extension (JRE), an important project for him as he lived on Jasper Road and in Springfield. He discussed the intersection of the JRE and Jasper Road. He read from his written testimony regarding this intersection and the concerns from the Jasper Road Neighborhood Association. The Option most neighbors in this area preferred was D-3, although it would be more expensive than Option D-2. There was support from the neighbors, Senator Morrisette and Nagao Pacific Architects for Option D-3. He said the neighborhood association hoped that they could get support from the Springfield City Council, other municipal councils and the Lane County Commissioners for Option D-3, as they felt it would secure a safer highway for thousands of travelers on Jasper Road. COUNCIL RESPONSE Mayor Leiken thanked Mr. Tharp for his presentation. He noted that City staff had been working closely with the County on the Jasper Road Extension project and could be available to answer questions. Councilor Ralston asked how much more expensive Option D-3 would be than Option D-2. Mr. Tharp said the TransPlan estimated it at $12M and the Brand S intersection (Option D-2) was estimated at $3.8M. The $3.8M amount had since escalated to approximately $6M. He didn't know how much Option D-3 costs had escalated. He would assume approximately $14M. Councilor Ballew asked for a memo from the City's Public Works staff regarding Mr. Tharp's recommendations and additional information. CORRESPONDENCE AND PETITIONS 1. Correspondence from Thurston High School's Peer Group Leaders Regarding an Invitation to the Mayor and Council to Attend the 2006-2007 School Year's Challenge Day. IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND O. BIDS ORDINANCES 1. Vicious Dogs Ordinance. Matt Cox from the City Attorney's office presented the staff report on this item. Adoption of this amended ordinance would add to the existing Springfield Municipal Code defmition of vicious City of Springfield Council Regular Meeting Minutes March 19,2007 Page 9 dog as well as add new defmitions including "Control of Dog," "Controlled Property," and an exception to the Class C Misdemeanor, "vicious dog," regarding illegal trespassers. Adoption would also provide specific and clear language for identification and determination of a vicious dog through Springfield Municipal Court action. The Council discussed this at the February 26,2007 work session and on the basis of that discussion further changes were made to better define a vicious dog and physical injury. Other changes included word changes regarding controlled property and secure vehicle. This ordinance's purpose is to provide clearer SMC language to the definitions and offense of owning a vicious dog. This ordinance is scheduled for adoption under the Consent Calendar on April 2, 2007. No Financial Impact. There was no further discussion by Council on this item. NO ACTION REQUESTED. FIRST READING ONLY. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Police Planning Task Force Appointment. Police Chief Jerry Smith presented the staff report on this item. The Police Planning Task Force received a total of 3 applications to fill the current vacancy. Applications were received from Ronald Snow, Jeff Overstreet and Patricia Mahoney. It was determined that Ronald Snow does not live within the city limits and is not eligible to apply as a citizen-at-large representative. As a result, he was not interviewed. Candidates were interviewed on March 1, 2007. The task force recommends that Patricia Mahoney be appointed as a citizen-at-large member. IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO APPOINT PATRICIA MAHONEY TO THE POLICE PLANNING TASK FORCE WITH A TERM EXPIRATION DATE OF MARCH 19, 2011. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Mayor Leiken gave an update on SB400, the Collective Bargaining issue before the legislature. He said it did pass the Senate in a close vote and was scheduled to go to the House tomorrow or Wednesday. He said he spent a lot oftime lobbying the legislators regarding this issue. There was a provision in the bill regarding staffing numbers required. Springfield had always had a good relationship with its unions, City of Springfield Council Regular Meeting Minutes March 19,2007 Page 10 and he didn't feel the state legislature had business in providing staffing numbers and how cities should staff their public safety. Staffing numbers was not a one size fits all proposal. He said that provision had him troubled. The League of Oregon Cities (LOC), Association of Oregon Counties (AOC), Fire Chiefs Association, Police Chiefs Association and Sheriff's Association had all been working hard on this bill. He felt as written it was poor public policy and he hoped the House would vote against it. BUSINESS FROM THE CITY MANAGER Mr. Grimaldi asked to verify that a quorum would be in attendance during Spring Break next Monday. Council noted that there would be a quorum and there would be a meeting. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at approximately 7:25 p.m. Minutes Recorder Amy Sowa Attest: ~JouTa--- City Reco er , '