Loading...
HomeMy WebLinkAbout02/18/1997 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY, FEBRUARY 18, 1997 The city of Springfield council met in Regular Session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Tuesday, February 18, 1997, at 7:15 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Dahlquist, Maine and Shaver. Councilor Burge was absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Eileen Stein, Administrative Aide Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The invocation was given by Rev. Jeff Savage, First Baptist Church. . SPRINGFIELD UPBEAT 1. City Manager Mike Kelly recognized John King, Police Department, for 25 years of service to the city of Springfield. 2. City Manager Mike Kelly recognized Bob Baker, Police Department, for 10 years of service to the city of Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR WITH ITEM 3B REMOVED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Claims a. January 1997, Disbursement for Approval 2. Minutes a. January 27, 1997 - Work Session 3. Resolutions . r' , / i' Regular Session Meeting Minutes February 18, 1997 Page 2 . a. RESOLUTION NO. 97-5 - A RESOLUTION TO ACCEPT PERMIT PROJECT 1-956: FROM MCKENZIE COMMERCIAL GENERAL CONTRACTORS IN THE AMOUNT OF $25.335. 4. Ordinances a. ORDINANCE NO. 5842 - AN ORDINANCE WITHDRAWING A PARCEL OF LAND LOCATED IN NORTH SPRINGFIELD. SOUTH OF COLONIAL DRIVE, EAST OF GAME FARM ROAD: (ASSESSOR'S MAP 17-03-22-12 TAX LOTS 1304, 1305. AND 1306 AND 803 AND 908 ON ASSESSORS MAP 17-03-22-20) HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT (2ND READING). b. ORDINANCE NO. 5843 - AN ORDINANCE WITHDRAWING A PARCEL OF LAND LOCATED IN SOUTHWEST SPRINGFIELD. NORTH OF KELLOG ROAD. EAST OF ANDERSON LANE, WEST OF ASPEN STREET (T17S R03W S33AP 11 TAX LOT 200): HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT (2ND READING). ITEMS REMOVED FROM THE CONSENT CALENDAR . 3b. RESOLUTION NO. 97-6 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-952: KING SOLOMON'S ESTATES. City Engineer Al Peroutka presented a staff report on this issue. This permit project was engineered by Weber Engineering Company and constructed by Larry and Judy Knox. The contractor has completed work on this public improvement project. The city council must formally accept the contractor's work on the project for the city's use, operation, maintenance, and ownership. This project involved street, sewer and drainage improvements for a ten-lot subdivision at 68th and Jessica. The developers ofthe project are Larry and Judy Knox. All work has been inspected by Weber Engineering Company and the City Engineer and found to be satisfactory . Staff does not have a final construction cost for this project, as it was privately engineered, built and financed. 1. Charles Davis, 6793 Ivy Street, provided council with a letter about concerns related to the project. Mr. Davis also testified regarding storm water runoff, stability of the fill, and overflow and flooding. 2. Jeff Walton, 6737 Ivy Street, spoke in opposition of the project if conditions were not applied. . 3. Martin Freeman, 4385 Aster Street, representing Larry and Judy Knox, project developers, spoke in support of the project. Regular Session Meeting Minutes February 18, 1997 Page 3 . 4. Judy Knox, 93198 Ewing Road, representing King Solomon's Estates, spoke in support of the project. Councilor Shaver said the project could be accepted, although specific conditions needed to be met, with regard to details staff felt needed to be addressed such as drainage related items, drainage cover, the silt fence, removal of it and any other items needing attention. Councilor Maine wanted to be sure things were in place in case there were problems in the future such as soil not being stable. She did not want to wait until fall to negotiate these items. Planning Commissioner Jim Burford did not support the project as proposed. City Manager Mike Kelly provided background on the project. He stated council had several options. The item could be brought back to councilor they could approve the project with specific conditions. Mr. Peroutka responded to questions raised. . Councilor Maine expressed concerns regarding everyone being protected, including the city, the developer and the citizens. She felt the acceptance needed to be based on specific conditions. City Attorney Joe Leahy stated if it was their desire, they could conditionally approve the project with specific conditions needing to be met. IT WAS MOVED BY COUNCILOR SHA VER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT CONSENT CALENDAR ITEM 3B, RESOLUTION NO. 97-6, AND CONDITION ACCEPTANCE ON THE DEVELOPER ENTERING INTO AN AGREEMENT WITH THE CITY OF SPRINGFIELD, THROUGH STAFF, TO TAKE CARE OF THINGS SUCH AS THE CATCHMENT AREA RIPRAP, THE DRAINAGE COVER, MAINTENANCE OF THE SILT FENCE THROUGH THE WET SEASON AND REMOVAL THEREAFTER, AND OTHER DRAINAGE RELATED ITEMS AND THAT AGREEMENT INCLUDE SUFFICIENT CASH DEPOSITS TO TAKE CARE OF THAT AND ANY OTHER OUTSTANDING WORK. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Councilor Maine requested Mr. Peroutka provide her with an update and information so she can contact neighbors and let them know the status of the project. ORDINANCES Item #2 was moved ahead during meeting so it could be discussed at this time. . 2. Chronic Disorderly Crime Ordinance Regular Session Meeting Minutes February 18, 1997 Page 4 . ORDINANCE NO. 5846 - AN ORDINANCE AMENDING CHAPTER VII. "PUBLIC PROTECTION." ARTICLE 11. ADDING PROTECTIONS FOR RESIDENTIAL NEIGHBORHOODS AND PROVIDING AN ABATEMENT REMEDY FOR CHRONIC DISORDERLY ACTIVITY IN RESIDENTIAL NEIGHBORHOODS AND DECLARING AN EMERGENCY. Police Chief Bill DeForrest presented the staff report on this issue. The proposed ordinance was developed to provide the city with an effective means for responding to the increasing number of complaints from citizens regarding chronic disorderly crime activity in their neighborhoods. The ordinance puts in place a procedure for the city to protect residential neighborhoods from chronic disorderly activity on properties where such activity has occurred four or more times in 60 days. After receiving notice from the Chief of Police that the property has a history of four or more prohibited activities in the 60-day period, if the owner or person in charge fails to respond to correct the problem, the ordinance authorizes the Chief of Police to refer the matter to the City Attorney's office. The ordinance authorizes an action in Circuit Court to close the property for three months to one year in order to abate the disorderly activity. . The proposed ordinance was reviewed by the city council during a work session on Monday; February 3. Council did not request any changes to the ordinance. City Attorney Joe Leahy discussed the drafting of the ordinance and associated background. Chief DeForrest explained this was being looked at as a problem solving ordinance. He felt property owners would take notice. 1. Steven Arnold, 1279 Janus, spoke in support of the proposed ordinance. He discussed the use of property and suggested substituting the word dwelling rather than property. He also discussed the notification time period. The last item he suggested was to provide adequate protection to an innocent tenant. Chief DeForrest said the ordinance does include language to address a single unit. There was also proper notice to a property owner. 2. Norton Cabell, 3680 Thames Street, representing Rental Owners Association of Lane County, discussed the Landlord Tenant Law. He discussed the language regarding prohibited activity at or within 200 feet of a property in a residential neighborhood. He suggested the 200 foot requirement be raised. Chief DeForrest provided clarification to comments raised by Mr. Cabell. . Regular Session Meeting Minutes February 18, 1997 Page 5 . 3. Alisa Carrillo, 488 West M Street, spoke in support of the proposed ordinance. She discussed problems she has encountered in her neighborhood and commended the city for following through on this ordinance. She felt this would assist the citizens of Springfield. 4. Larry Balcom, 1854 Centennial, spoke in opposition of the proposed ordinance. He did not feel the time frame would allow someone to meet deadlines. He felt the ordinance may be selective enforced and felt there was an excessive penalty. He also discussed higher cost for housing. 5. Fred Simmons, 312 S. 52nd Place, spoke in support of the concept attempted with the ordinance. He did feel the ordinance was too broad and global. He felt public hearings were needed. 6. Linda Nickerson, 20785 Hwy. 126, Noti, spoke in opposition of the proposal. She referenced comments made by Mr. Simmons. She felt the people causing problems should be sought, not the landlords/property owners. 7. Gerhard Kesslau, 20785 Hwy. 126, Noti, representing El Rancho Trailer Park in Springfield, spoke in opposition of the proposal. 8. Roxanne Jackson, 399 S. 37th, felt laws were in place for illegal activities. She did not feel this ordinance was needed. . 9. Jim Daubenspeck, 2579 Castle Drive, spoke in support of the ordinance. He felt the tools were needed to allow the Police Department to do their job. City Attorney Joe Leahy provided information about the ordinance, other options for enforcement, landlord tenant issues, court orders to get the property back to standards, cooperation between property owners and the Chief of Police, and other issues. Chief DeForrest responded to the comments about the West M Street property. He explained many arrests were made. He said this alone is not sufficient. He considered this a problem solving ordinance. Chief DeForrest also explained the need for an emergency clause. He explained that problems have gone on for some time and the ordinance was needed. Councilor Maine said the ordinance was for the citizens of Springfield. She felt this was a classic example of community policing. She asked the Chief to provide a six-month or one- year updates on how the ordinance was working. Councilor Shaver agreed with comments made by Councilor Maine. He said this would provide a tool to deal with chronic criminal activity. He felt this ordinance did maintain the due process. . Mayor Morrisette said neighborhood nuisances should be corrected and also may need to be shut down. Regular Session Meeting Minutes February 18, 1997 Page 6 . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5846 AND INSTRUCT STAFF TO PROVIDE A SIX MONTH REPORT (MINIMUM). THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. PUBLIC HEARINGS 1. Ordinance Establishing Liens for Installation of Asphalt Paving, Curbs and Gutters, Sidewalks, Street Lights and Street Trees, to Serve "A" Street from 225 Feet West of 65th Street to 100 Feet East of 65th Street, and Vicinity, Project # 1-818. ORDINANCE NO. 5844 - AN ORDINANCE ESTABLISHING LIENS FOR INST ALLA TION OF ASPHALT PAVING. CURBS AND GUTTERS. SIDEWALKS. STREET LIGHTS AND STREET TREES. TO SERVE "A" STREET FROM 225 FEET WEST OF 65TH STREET TO 100 FEET EAST OF 65TH STREET. AND VICINITY, PROJECT #1-818 AND DECLARING AN EMERGENCY. . Finance Director Bob Duey presented the staff report on this issue. The city has completed a local improvement project to serve A Street from 225 feet West of 65th Street, and vicinity, Project 1-818. . The council is requested to adopt the ordinance assessing the properties for this project in the amount of $79,575.84. The ordinance contains an emergency clause which makes it effective immediately upon adoption. The emergency clause is being used because we would like to enter the liens on the city docket as soon as possible. A letter was provided from Douglas Dickinson, expressing concern that the project decreases the value of his property. City Recorder Eileen Stein entered the letter into the public record. He was provided a discount due to it being a corner lot, as allowed. Mr. Hastings contacted staff and eXplained he had not been notified. The notice was sent to the previous property owner. Mayor Morrisette opened the public hearing. 1. Douglas Dickinson, PO Box 7523, Eugene, spoke in opposition of the proposal. He did not feel the improvement was needed. He explained all others were developing vacant lots. He also showed the Council eight photos as examples. Mayor Morrisette closed the public hearing. Councilor Shaver discussed improvement projects and assessments. He discussed citizens paying their fair share for projects. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5844. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. . Regular Session Meeting Minutes February 18, 1997 Page 7 . 2. Ordinance Establishing Liens for Installation of Paving, Railroad Crossing, Traffic Signal, Sidewalks, Storm Drainage and Street Trees, for Olympic Street, from 28th to 42nd Streets and Vicinity, Project #1-817. ORDINANCE NO. 5845 - AN ORDINANCE ESTABLISHING LIENS FOR INSTALLATION OF PAVING. RAILROAD CROSSING, TRAFFIC SIGNAL. SIDEWALKS. STORM DRAINAGE AND STREET TREES. FOR OLYMPIC STREET. FROM 28TH TO 42ND STREETS AND VICINITY. PROJECT # 1-817 AND DECLARING AN EMERGENCY. Finance Director Bob Duey presented the staff report on this issue. Council has adopted the City Engineer's Report for Project 1-817 to serve Olympic Street, from 28th to 42nd Streets and vicinity. The council is now requested to adopt the ordinance assessing the properties for this project in the amount of $258,456.33. The ordinance contains an emergency clause which makes it effective immediately upon adoption. The emergency clause is being used because we would like to enter the liens on the city docket as soon as possible. Mr. Duey stated a letter was received from Mr. Lewis Trusty expressing concern about notification of the assessment. Mr. Duey stated Virgil Tracer, 1626 30th Street, contacted the city expressing concerns about the assessment amount. . Mayor Morrisette opened-the public hearing. 1. Michael Chaney, 3626 Olympic, spoke about the project. He expressed concern stating his property was not connected to the storm drain. He was therefore requesting a reduction. 2. Virgil Tracer, supported improved streets although felt he should be granted a discount. He discussed the location of his property, lack of notice regarding project initiation, the storm drain hookup, and requested a reduction in his assessment amount. 3. Stan Pulliam, 1620 N. 32 Street, spoke regarding the crossing. He also wanted the street lights turned on. City Recorder Eileen Stein entered the correspondence from Mr. Lewis Trusty into the public record. Mayor Morrisette closed the public hearing. City Engineer Al Peroutka answered questions raised during testimony. He discussed a stub out from the sewer, Olympic Street improvements made, and the assessment on other property owners which is not for storm drainage, but for curbs, gutters, street lights and street trees. He also discussed the railroad crossing issue. He explained some railroad tracking work has been done. He would also followup on the street light issues. . Regular Session Meeting Minutes February 18, 1997 Page 8 . Council would like follow-up regarding the drainage with Mr. Mr. Peroutka would follow-up on this. Council requested Mr. Duey follow-up with Michael Chaney and Virgil Tracer to explain specifically what the assessment charges were for. Council also requested follow-up regarding drainage he assumed the city was helping to pay for and that something was being done. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5845. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. 1997-2002 Capital Improvement Program. City Engineer Al Peroutka presented the staff report on this issue. The draft 1997-02 Capital Improvement Program (CIP) has been reviewed by the Planning Commission and the council in work session and is ready for public comment and final adoption. The draft 1997-2002 Capital Improvement Program recommended for adoption by the Planning Commission and council in work session is presented for adoption. Mayor Morrisette opened the public hearing. No one appeared to testify. Mayor Morrisette closed the public hearing. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE 1997-02 CAPITAL IMPROVEMENT PROGRAM. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Council recessed at 9:45 p.m. Council reconvened at 9:50 p.m. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Patricia Hocken, Lane Transit District, P.O. Box 7070, Eugene, Regarding TransPlan "Policy-Makers Decision Package for Draft Plan Direction", Pertaining to Bus Rapid Transit. 2. Council was provided with a correspondence from Beverly Bates, 411 South 34th Street, expressing opposition to the proposed chronic disorderly crime ordinance. 3. Council was provided with correspondence from Chuck Davis, 6793 Ivy Street, regarding Project 3-952, King Soloman's Estates. Concerns included storm water runoff, stability of the fill, and overflow and flooding. . Regular Session Meeting Minutes February 18, 1997 Page 9 . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT CORRESPONDENCE NUMBERS ONE THROUGH THREE FOR FILING. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Proposed Amendments to the Industrial Pretreatment Ordinance. ORDINANCE NO.5 - AN ORDINANCE CONCERNING INDUSTRIAL USERS OF THE CITY SEWERAGE SYSTEM: AMENDING SECTIONS 4-7-2. 4-7-12. 4-7-15. 4-7-19. 4-7- 20 THROUGH 4-7-22.4-7-26.4-7-33. AND 4-7-38 OF THE SPRINGFIELD CODE 1965 (1 ST READING). . Environmental Program Supervisor Gary Colwell presented the staff report on this issue. The Springfield Industrial Pretreatment Ordinance provides standards for the discharge of industrial process waste to the city's sanitary sewer system. Springfield's and Eugene's pretreatment ordinances are based upon the Metropolitan Wastewater Management Commission's (MWMC) Model Pretreatment Ordinance, On April 25, MWMC submitted the Revised Model Ordinance to the DEQ for approval. On October 28, 1996, subsequent to public notice, public hearing, and approval by EPA Region 10, DEQ revised the MWMC's (and the Cities) NPDES permit to incorporate the Ordinance modifications. MWMC approved the revised model ordinance on October 17, 1996. In order for the amendments to the MWMC Model Pretreatment Ordinance to take effect, they must be incorporated into the City Code. Springfield's Industrial Pretreatment Ordinance was last amended in 1993. BUSINESS FROM THE CITY COUNCIL 1. Business from the Council a. Committee Reports 1. Mayor Morrisette reported the federal lobby trip was successful and anticipated' potential support for a project. 2. Councilor Dahlquist reported the McKenzie Watershed Council hired a new coordinator. They also scheduled a tree planting project for March 14 and 15. They would plant trees along the Mohawk River. 3. Councilor Ballew explained MWMC would be bringing forth recommendations for System Development Charge (SDC) assessments. Mayor Morrisette commented that Councilor Ballew was council representative for MWMC and Mayor Morrisette will serve as representative for the Human Services Committee (HSC). . 4. Councilor Shaver asked council to read e-mail sent regarding the Community Development Advisory Committee (CDAC). He also provided them with information. Regular Session Meeting Minutes February 18, 1997 Page 10 . 5. Councilor Shaver reported on MPC. He explained that the STIP was discussed. The 1- 105 project was discussed. They also discussed LTD and site utility poles. 6. Councilor Beyer reported on an unproductive Human Rights Commission meeting. She expressed concern and explained the group can not agree upon even a work plan. Councilor Shaver recommended that staff look at the board, committee and commissions and see if some groups can be consolidated. He suggested the CDAC may be an appropriate group to review HRC issues. He stated their goal could be to review HRC complaints for the city of Springfield. Councilor Shaver said the CDAC could review the complaints and then the $4,000 line item for brochures, etc. could be eliminated. He said if people wanted to conduct festivals and activities they could do so on their own. The city was on a limited budget, he said. Councilor Ballew said board, committee and commissions take a lot of staff time. This needs to be reviewed, she said, while adding that staff does not have time to support associated activities. Mayor Morrisette said the city needs to have a mechanism to respond to complaints so they are referred to the property authority. . City Attorney Joe Leahy reported he has only received two complaints. Mr; Grimaldi. referred the cases to him. After Mr. Leahy investigated and prepared reports, Mr. Grimaldi determined that one was not in the realm of the HRC and the other was an allegation that a person was discriminated against on the basis of purchasing a house and was not able to get a mortgage. The claim was that the seller discriminated so they could not get the loan. Councilor Shaver commented it may be possible for the HOME group to go under the umbrella and be combined with CDAC. He was not saying to eliminate it but have some of the same people on the same committees. Council directed that this item be scheduled for discussion when Mr. Grimaldi was present. It was requested that it be done soon, before budget preparation: 7. Councilor Ballew reported on a Mohawk Redevelopment Committee. She said the meeting was unpleasant. 8. Councilor Shaver asked availability for goal setting dates. The council agreed on March 15, at 8:30 a.m. . 9. Councilor Shaver provided information about Springfield Forest Products and their current business situation. Due to market changes, their financial situation changed and creditors began piling up. The company may have two major investors who may provide a $2 million loan. They are targeting a reopen date in mid-March. They had a fire in June, and at that time, were debited to SUB for $150,000. SUB has provided . . . . . Regular Session Meeting Minutes February 18, 1997 Page 11 power to them on an interim on a "new client" basis. There is supposed to be a deposit but Springfield Forest Products cannot provide a deposit so current electric bills are surcharged 20% to provide the necessary deposit. Two payments for electrical service and surcharges were paid but this week, only the power cost was paid. SUB turned off their power today. Their restructuring agreements do not allow them to pay anything toward back debt on an individual basis. If they have extra money, it must be shared with all creditors. They just discovered they were in violation so that is why they quit paying the surcharge. Springfield Forest Products would like the city to assist with a payment ofthe current past due amount of$I,332 and work with the SUB Board to see if the surcharge can be waived for nine months or so, as long as they remain current on their utility billings. After discussion council agreed to postpone any action at this time. The SUB Board would discuss this issue tomorrow during their meeting. Mayor Morrisette felt it was prudent to make a motion to take action. Councilor Shaver would like to have the Fire Department inspect the premises and see if a potential fire hazard exists. He also expressed concern for employment opportunities. The City Attorney would review this issue and see if there were any legal issues associated with providing assistance and or funding. Council would participate in a special meeting to discuss the issue if necessary. b. Other Business 1. City Council Summer Recess Schedule The council did not discuss this issue. BUSINESS FROM THE CITY MANAGER 1. Other Business BUSINESS FROM THE CITY ATTORNEY 1. City Attorney Joe Leahy stated that unless otherwise directed, the city would not be appealing the loss in Circuit Court on the Roy Gray vs. city of Springfield issue. He stated there was no basis for appeal. . . . . . I Regular Session Meeting Minutes February 18, 1997 Page 12 ADJOURNMENT The meeting was adjourned at 10:35 p.m. Minutes Recorder - Julie Wilson L' (iXJJtN'v